Respect for the authority of local Philippine courts and the observance of proper legal procedures should be part of the due process to which Senator Ronald “Bato” dela Rosa is entitled, Senator Ping Lacson said.
Lacson said this could mean having a local court exercise preliminary jurisdiction over dela Rosa, even if only in a “ministerial” capacity, should he be arrested, so he can avail of all legal remedies in the Philippines.
“Kung mahuli siya, dinala sa local court, nasa custody siya ng local court pwede siyang dumulog hanggang sa Supreme Court.”
“That’s part of due process, kung mahuli siya, dinala sa local court, nasa custody siya ng local court pwede siyang dumulog hanggang sa Supreme Court tapos finally (SC ang) magde-decide kasi sila ang final arbiter mag-interpret ng batas,” the veteran legislator said in an interview on DZMM radio.
The seasoned lawmaker cited Section 17 of Republic Act 9851 (the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity).
The law provides that the State shall “exercise jurisdiction over persons, whether military or civilian, suspected or accused of a crime defined and penalized in this Act, regardless of where the crime is committed, provided, any one of the following conditions is met: The accused is a Filipino citizen; The accused, regardless of citizenship or residence, is present in the Philippines; or The accused has committed the said crime against a Filipino citizen”.
It also provides that “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.”
“No criminal proceedings shall be initiated against foreign nationals suspected or accused of having committed the crimes defined and penalized in this Act if they have been tried by a competent court outside the Philippines in respect of the same offense and acquitted, or having been convicted, already served their sentence,” the law states.
Meanwhile, Article 17 of the Rome Statute of the International Criminal Court provides that the ICC shall determine that a case is inadmissible where, among other circumstances, “the case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution” or “the case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute.”
“The 1987 Constitution guarantees Filipinos protection against arbitrary deprivation of liberty.”
The senator also pointed out that the 1987 Constitution guarantees Filipinos protection against arbitrary deprivation of liberty.
Art. III Sec. 2 of the Constitution states that “(t)he right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.”
He likewise noted that he was among those who signed Senate Resolution expressing the sense of the Senate to “protect all Filipinos against extraordinary rendition and guarantee them a reasonable time prior to their surrender by or extradition from the Philippines to seek redress from the courts and avail of legal remedies.”
“Igalang ang ating local court kung saan kung mahuli siya idaan sa local court pero halos ministerial lang ‘yan kasi wala sa local court ang kaso so papaano sila determine ng guilt or innocence ni Sen. dela Rosa kung ‘di sila may hawak ng kaso? It’s almost ministerial but just the same dahil may batas tayo igalang ang batas idaan sa local court,” Lacson stressed.
“Maski ang mga subpoena and summonses na ini-issue ng international or foreign court kailangan idaan sa local court or RTC na sila mag-issue ang kaukulang subpoena para tumalima sa subpoenang ini-issue ng foreign court,” he concluded.
