Witch hunt

The tyranny of the strange bedfellows – the pro-Marcos Jr. forces in tandem with the Liberal Party/Akbayan faction – is upon the Duterte family and their allies. Throw the leftist groups into the mix, too. With the mid-term election season a few months from now, they appear to have gone into witch hunt overdrive. Portentously, I have discussed the rise of this political Frankenstein of sorts from the time the House of Representatives began persecuting Vice President Sara Duterte last year.

In recent weeks, the unholy alliance has upped the ante in denigrating Inday, former president Rodrigo Duterte and people close to them. They have now trained the guns on Davao City 1st District Congressman Pulong Duterte and the VP’s husband, lawyer Mans Carpio.

Of course, one of their earliest victims is Kingdom of Jesus Christ Pastor Apollo Quiboloy. The demolition job extended to Maisug stalwarts Vic Rodriguez, the former executive secretary and erstwhile close friend of the Chief Executive; Glenn Chong, a former Biliran representative; several pro-Duterte local government officials and myself.

The pernicious attempt by politicos – who have chosen to sleep with mortal enemies – to link my name to the discredited Philippine offshore gaming operators (POGO) has continued. They have also linked the Chinese fugitive found in a property of PH2 Corporation to an illegal POGO. I have admitted in a Senate hearing that I own shares in the corporation. However, the Red Notice issued by the International Criminal Police Organization (Interpol) revealed that the fugitive is wanted in China for financial fraud. His case has nothing to do with illegal online gambling.

I am also willing to be investigated by the Presidential Anti-Organized Crime Commission if only to prove that I did not tacitly nor knowingly harbor a fugitive. Under our laws, there must be actual knowledge that the person of interest is a fugitive. He or she must also be one under Philippine laws. Since the male suspect is a fugitive in a foreign country and not the Philippines, Articles 11 and 19 of the Revised Penal Code would be inapplicable.

Moreover, the contract of lease proves my contention. The Benguet house was leased on Jan. 15 to a Chinese woman who claimed to be single. Her passport and alien registration certificate attest to this fact. All officers and stockholders of PH2 were unaware that the lessee allowed a wanted person in China to stay on the property. I have apologized to the embassy of China and vowed full cooperation with the Philippine and Chinese officials in bringing the suspect to the proper authorities.

As a lawyer for 34 years, I would never counsel or abet the activities of online gaming firms that defy the law and undermine the legal profession.

Stern warning

The ongoing political war between the Dutertes and the Marcoses and their cohorts continues to worsen. The threat against the liberty and freedom of FPRRD from an international court that lost jurisdiction over the Philippines in 2019 looms large. We are no longer a party to the Rome Statute of the International Criminal Court (ICC). The Hague Court does not have judicial cognizance on the drug war case.

Two justice cluster officials have backpedaled on their stance on the ICC investigation of the war on drugs campaign. Solicitor General Meynard Guevarra, Digong’s former justice secretary, stated that he would not prevent the ICC prosecutor from interviewing five Philippine National Police (PNP) officials, subject to their consent. (GMA News). It contradicts his past declaration that the presidential directive is absolute non-cooperation with The Hague court.

Meanwhile, Secretary of Justice Boying Remulla said they are not in the business of blocking Interpol’s movement to serve an arrest warrant against the former president (Politiko/Bulletin). This a departure from his statement last February that international bodies like the ICC must adhere to the Philippine Constitution. He assured that the justice system is prepared and capable of conducting thorough investigations and prosecuting crimes within the country (Inquirer).

As a member of the ICC roster of counsels since 2004, I have tirelessly explained to the public that it was only in 2021, two years after we officially left the Court, that the former Prosecutor began the preliminary investigation. Citing the Burundi case of 2017, two ICC Appeals Chamber judges said the Prosecutor has a one-year grace period to initiate an investigation, from the date the member-state filed its instrument of withdrawal until the date of effectivity.

The Philippines deposited a notice of withdrawal on March 17, 2018. It became official on March 17, 2019. Again, the cooperation duties of the withdrawing State are limited to the investigations and proceedings that commenced before the withdrawal. I maintain that we are not obligated to cooperate with any ICC-related proceeding in any way.

Likewise, Interpol cannot serve arrest warrants or make arrests anywhere, including the Philippines. It cannot compel the law enforcers in any country to arrest someone included in the Red Notice (fugitives wanted for prosecution or imprisonment). Each member country decides what legal value it gives to a Red Notice. The Interpol is not a law enforcement agency and does not operate like national police forces (interpollawfirm.com). Ergo, it will have to rely on the PNP and the National Bureau of Investigation to apprehend Digong or any Filipino.

However, I warn domestic law enforcers that the service of an arrest warrant, and any consequent thereto, issued by a foreign court is unlawful and will constitute the felony of illegal detention. They could even face kidnapping and serious illegal detention charges – punishable by reclusion perpetua to death – should they detain a private individual for more than five days or ransom extortion (Republic Act 1084). In this case, only a Filipino judge can issue an arrest warrant.

Our legal proceedings are an integral part of Philippine sovereignty and jurisdiction. The Constitution vests judicial power in one Supreme Court and lower courts established by law. Jurisdiction allows our government to enact a law (legislative jurisdiction), enforce the law (executive jurisdiction) and penalize those who violate the law (judicial jurisdiction). The State can only share judicial jurisdiction with an alien entity under a treaty. We junked our ICC membership five years ago.

Public officials who allow the ICC to do its bidding may commit culpable violations of the Constitution. Let this be a fair warning to the witch-hunters.