As far back as Dec. 11, 2009, we already had a law governing crimes against humanity.
Republic Act 9851 is the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity.
There is no statute of limitations for offenses under RA 9851. It imposes the maximum penalty of life in prison for offenses that lead to death or serious physical injury.
The law was never pursued in connection with the bloody campaign against illegal drugs, which Rodrigo Duterte waged during his presidency and when he was mayor of Davao City.
This unwillingness or inability to pursue accountability in the thousands of killings related to the war on drugs led to the International Criminal Court’s decision to step in and conduct its own probe.
Possibly anticipating such unwillingness or inability, RA 9851 has an interesting provision, under Chapter VII on jurisdiction over offenses. Section 17 states:
“In the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under this Act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime. Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court, if any, or to another State pursuant to the applicable extradition laws and treaties.”
This provision has been invoked by Marcos administration officials in explaining the turnover of Duterte to the ICC, by virtue of a secret arrest order coursed by the court through the Interpol.
It is also expected to be invoked as the government moves to surrender one of those tagged by the ICC as Duterte’s “co-perpetrators” in the offense of murder as a crime against humanity: his former police chief, Sen. Ronald dela Rosa.
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The ICC recently ruled that it has jurisdiction over the case of Duterte (and presumably the co-perpetrators as well).
On Monday night, the ICC confirmed the authenticity of the confidential arrest order for Dela Rosa, which was shown to the media by former senator Antonio Trillanes. The ICC statement also confirmed earlier reports that the order was issued in November last year – which prompted Dela Rosa to go into hiding.
Pro-Duterte senators promised to block further arrests related to the ICC case.
They delivered on this promise on Monday, as Dela Rosa narrowly escaped being apprehended by agents of the National Bureau of Investigation who went to the Senate where he surfaced for the first time.
Watching the surveillance video footage of that bizarre chase in the Senate fire exit, I’m sorry to say that the NBI team royally bungled the operation. One against what – a dozen? – and the perp, huffing and puffing in the laborious climb, got away!
Heads should roll in this slapstick arrest attempt. It comes on the heels of that failed attempt to bring home Zaldy Co from Prague by Fredderick Vida, whose justice department, incidentally, has jurisdiction over the NBI.
Now, after nearly seven months of no work with generous pay, Senator Bato will be a guest at the Senate, again courtesy of taxpayers. Under the new leadership, he may again head the panel on peace and order, where he can grill members of the law enforcement agencies tasked to carry out the ICC arrest order.
It’s doubtful though that a Senate grilling would stop the government from turning him over to the Interpol – that is if the chance presents itself again, and maybe if Nicolas Torre III can be taken out of police retirement to lead the arresting team.
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It’s not true, as new Senate chief Alan Peter Cayetano claimed, that no senator has ever been apprehended in the premises of the chamber. Trillanes and ML party-list Rep. Leila de Lima went peacefully with arresting officers at the Senate when they were senators, after they incurred the ire of Cayetano’s ex-boss Duterte.
Also, senators’ immunity from arrest while the chamber is in session is limited to offenses with a penalty of up to six years. Trillanes was arrested for rebellion and De Lima on drug-related charges.
Dela Rosa is wanted by the ICC for crimes against humanity – an offense that exists in our country, and which under RA 9851 carries a penalty much heavier than six years.
Egon Cayosa, former head of the Integrated Bar of the Philippines, says that the country, under RA 9851, recognizes the ICC proceedings in the war on drugs, along with the ICC arrest warrant.
Protecting Dela Rosa from arrest, Cayosa told “Storycon” on One News last Monday, could open senators to charges of obstruction of justice.
Not that the senators would care. Several of the members of the new majority already face criminal prosecution for serious offenses related to graft and malversation through falsification. The chamber is already seen as a haven for accused looters of public funds and one ex-convict. What’s another accusation for harboring a man wanted for multiple murders constituting a crime against humanity?
The thousands of people killed on mere suspicion of involvement in drug offenses were never accorded the due process that senators are now impressively invoking to protect one of their own.
Dela Rosa finally surfaced to cast his vote for the latest Senate coup. Obviously, he was reassured by a recent statement from the ICC that there is no “public” arrest warrant out for him.
But there is a “sealed” arrest order, which the ICC confirmed on Monday night to be authentic and issued back in November. I guess such orders are coursed through the Interpol through “diffusion” – an informal notice that is not published globally or made public by the Interpol, so as not to alert the person to be arrested.
Not to worry, Senator Bato; your colleagues are guaranteeing you sanctuary, with cushy accommodations in a state-owned facility.
How the Senate has fallen. What did we ever do to deserve this bunch?