Legal experts, nanindigang walang nilabag na batas ang gobyerno sa pagka-aresto kay dating Pres. Duterte sa ICC

9 months ago

Legal experts, nanindigang walang nilabag na batas ang gobyerno sa pagka-aresto kay dating Pres. Duterte sa ICC

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Transcript

00:00Some legal experts say that there is no violation in the arrest of the former President Rodrigo Duterte by the ICC.

00:07They also say that the defense of the former President cannot be used for the Rome State Shoot

00:12because the Philippines left the ICC during his term.

00:16Denise Osorio of PTV has news for the country.

00:21The government will not surrender to the former President Rodrigo Duterte in the International Criminal Court.

00:28That is the tone of the retired Supreme Court Associate Justice Antonio Carpio

00:33and the San Beda Graduate School of Law Dean Father Langelio Aquino.

00:37They denied that the arrest of Duterte in the Republic Act 98-51 is in violation.

00:43This is the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and other Crimes Against Humanity.

00:49There is a law that says to us, Philippine Law Section 17 of Republic Act 98-51,

00:56the government has the option to surrender.

00:59They surrendered, so that's authority of law.

01:03There is a law allowing them to surrender.

01:06It is stated in Republic Act 98-51 that the authorities in the Philippines cannot continue the investigation or investigation of a crime

01:15if there is another court or international tribunal to investigate it.

01:19Father Aquino also explained that

01:21there is only one opinion that the arrest of the former President is legally flawed.

01:26Because if there is something wrong with the arrest,

01:28the Supreme Court should have given the requested Temporary Restraining Order or TRO of Digong.

01:34So if the Supreme Court is really convinced that there is something wrong with his arrest,

01:44they would have granted a Temporary Restraining Order, which they did that too.

01:48In fact, they denied it because they said that the petitioners failed to prove that there was any right that was violated,

02:01that was in need of immediate protection.

02:05It is also no longer a requirement to confront the local court of Duterte before turning over to the ICC,

02:10because the Philippines is no longer a member of the Rome Statute since 2019.

02:16Based on Article 59 of the Rome Statute,

02:18it is the obligation of the ICC to immediately bring the suspect or accused to the court of the so-called country.

02:26This is to determine if the arrest is correct and if his rights are respected.

02:32But because the former President Duterte himself withdrew from the Philippines as a member of the ICC in 2019,

02:39according to Carpio, our government is no longer obligated to follow Article 59.

02:44He will also no longer be able to use the Rome Statute as an argument or for his own benefit.

02:49In addition, it is possible that the arrest of Senator Bato Dela Rosa and former PNP Chief Oscar Albayade,

02:57who were both named in Duterte's charge sheet, will happen next.

03:01Yes, the one used against Duterte can also be used against the others.

03:07Because that law, Republic Act 1951, applies also to the rest of those who may be issued warrants of arrest by the ICC.

03:18It is also unlikely that Bato will receive protection from the Senate.

03:22The provision of Article 6 is that a member of Congress is immune from arrest only while a session is going on

03:34and when the crime is punishable by not more than 6 years.

03:39So if the sentence is more than 6 years, and crimes against humanity under Republic Act 9851 are punishable by more than 6 years,

03:50the Senate cannot protect him from arrest.

03:52Experts also gave evidence that Duterte is likely to be punished.

03:57Because he did not voluntarily surrender.

03:59It is also unlikely that those arrested for crimes against humanity will be given temporary liberty.

04:04In addition, the former President is a flight risk.

04:08It means that it is possible that he will not return to the ICC when he is called again to appear in the hearing.

04:15From PTV Manila, Denise Osorio for Balitang Pambansa.

Legal experts, nanindigang walang nilabag na batas ang gobyerno sa pagka-aresto kay dating Pres. Duterte sa ICC

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