Albayalde on ICC arrest: My conscience is clear

MANILA, Philippines — Stressing that his conscience is clear, former Philippine National Police (PNP) chief Oscar Albayalde said he is ready to face investigation in the previous administration’s war on drugs, but maintained that it should not be by the International Criminal Court (ICC).

Albayalde said on Friday that he would cooperate if the Department of Justice (DOJ) would summon him, but not if it is the ICC, which he stressed has no jurisdiction over the country.

“It should always be through channels. Any international court or foreign entity cannot just enter and conduct such without following protocol,” he said in an interview.

“I think the President made that very clear several times, that we will not cooperate. It’s because we have our own functioning justice system and we are thankful for that,” he said.

ICC Assistant to Counsel Kristina Conti said on Thursday that Albayalde and Sen. Ronald dela Rosa, former president Rodrigo Duterte’s first PNP chief who implemented the war on drugs, were explicitly named in public documents as possible to be investigated by the international court primarily due to command responsibility.

Sought for comment, Albayalde said he has nothing to hide, stressing that he only followed legal orders in connection with the anti-drug campaign.

“All the operations are all normal police operations although it was focused on illegal drugs,” he said.

When he was the director of the National Capital Region Police Office, Albayalde said he never heard Duterte and even Dela Rosa, who was then PNP chief, ordering them to go on a killing spree against drug suspects to reach quota targets.

“Nothing was said, in fairness to our president, he did not mention any quota,” he said.

When there were abuses committed by police scalawags in the war on drugs, Albayalde said he immediately ordered an investigation and ensured that the cops were brought to justice.

He cited a case involving two police officers from Pasay City, who were slapped with murder charges after they killed a drug suspect and his father inside a police station in 2016.

Albayalde said no one from the ICC has communicated with him so far and stressed that he will not talk with any representative from the international court.

He also wondered where former senator Antonio Trillanes IV got his information that around 50 former and active PNP officers have already talked with the ICC.

“Is he the proper authority? Is he the proper person to say that?” Albayalde said.

ICC warrant

The Philippines cannot stop the ICC from implementing the arrest warrant against former president Duterte once the order is finally issued, according to former defense secretary Norberto Gonzales.

“The government cannot do anything (to block the arrest warrant) as the ICC is not a Philippine government entity. It’s an international body. It will make its own decision,” Gonzales said during the Tapatan Forum at Club Filipino in San Juan.

“It (the government) can only appeal to member-countries to help them. First, we are not a member (of the ICC) but there are other countries who can probably help if they really want to arrest president Duterte,” he added.

“At present, personally it is still unclear to me what will the action of the Philippines be when it comes to this issue,” Gonzales said.

He said the government should review the previous arrest of former president Joseph Estrada who was charged with plunder.

“The arrest of president Estrada can be reviewed as many are also warning that violence will erupt (once Duterte) is arrested but in the end, it will depend on two things, who will be chosen by the government as arresting officer as it is very important that he is a respected one and the response of president Duterte, on what will be his reaction,” he added.

President Marcos’ promise

A Duterte ally is banking on the word of President Marcos that he would not allow ICC investigators to enter the country.

“Let us believe in the promise of President Marcos,” Sen. Francis Tolentino said as he downplayed the claim of Trillanes that the ICC’s arrest warrant may be coursed through the International Criminal Police Organization.

“ICC needs the help of a domestic law enforcement body. Without it, they would not be able to enforce it,” Tolentino said.

The DOJ has said it is preparing a legal briefer for the President in case the ICC issues the arrest warrants while retaining the administration’s position not to cooperate with the ICC. — Bella Cariaso, Marc Jayson Cayabyab