Freeze Duterte assets? Up to AMLC, says Malacañang

MANILA, Philippines — Malacañang is leaving it up to the Anti-Money Laundering Council (AMLC) to handle matters related to the possible freezing of assets of former president Rodrigo Duterte to provide reparations for the victims of his deadly crackdown on illegal drugs.

Last week, former senator Antonio Trillanes IV, one of the complainants in the case of crimes against humanity against Duterte filed before the International Criminal Court (ICC), said the tribunal may order the freezing or seizure of the former president’s properties as part of its legal process.

Under ICC rules, the proceeds of a crime should not benefit anyone and such assets would become the subject of the court’s seizure order, the former senator told NewsWatch Plus.

“Most likely, we will refer this to the AMLC,” Presidential Communications Undersecretary Claire Castro said at a press briefing yesterday when asked if the Philippine government would comply with a freeze order issued by the ICC.

Castro said Trillanes had filed plunder charges against Duterte and Sen. Bong Go so the AMLC may be studying whether a freeze order should be issued.

“If the ICC issues an order, we would bring it to the AMLC if necessary,” the Palace press officer said.

Duterte, whose drug war claimed the lives of more than 6,000 drug suspects, was arrested last March 11 and is now under the custody of the ICC at The Hague for alleged crimes against humanity.

Petitions have been filed before the Supreme Court challenging the validity of the arrest as the Philippines is no longer a member of the ICC. Duterte withdrew the country from the Rome Statute, the treaty that established the ICC, in 2019.

President Marcos has repeatedly said that the ICC no longer has jurisdiction over the Philippines, but Duterte’s arrest had to be done in compliance with the country’s commitment to the International Criminal Police Organization or Interpol.

When reminded that a possible freeze order would come from the ICC, whose jurisdiction is not recognized by the Philippines, Castro said the government should deliver the justice it needs to serve.

When the media pointed out that the AMLC is under the Philippine government, Castro said: “Yes, but if there’s a need for that, the AMLC does not discriminate. So if there is a need to give reparation, damages to the victims, then there is a need to deliver justice.”

Justice Secretary Jesus Crispin Remulla, meanwhile, has ruled out the return of Duterte to the Philippines while awaiting trial.

“It’s a done deal already, he’s there already,” Remulla told reporters when asked about the possibility of Duterte being sent back to the Philippines.

Duterte’s next appearance before the ICC is on Sept. 23.

Remulla also cited how Duterte himself had told the public that he is ready to face the charges filed against him.

“We Filipinos have heard the former president say that he will face any charges, even from the ICC. That’s it, he’s there already,” the Justice chief said.

The Supreme Court, for its part, “noted without action” the motion for reconsideration filed by Duterte and Sen. Ronald dela Rosa regarding their rejected request for a temporary restraining order on the former president’s arrest.

In a resolution, the SC directed respondent government officials to comment within 10 days from receipt on the new matters raised in the petitioners’ supplement to their petition.