Palace withholds some details on Duterte’s ICC arrest

Metro Manila, Philippines - Malacañang has informed senators that certain details about the arrest of former President Rodrigo Duterte cannot be made public citing executive privilege.

Executive Secretary Lucas Bersamin, on behalf of President Ferdinand Marcos Jr., sent a letter to Senate President Francis “Chiz” Escudero and presidential sister Senator Imee Marcos on March 20, stating that the executive branch “respectfully invokes executive privilege against the disclosure of information” related to the probe into Duterte’s arrest.

In a text message to reporters on Monday, March 24, Senator Marcos, chairperson of the Senate Committee on Foreign Relations, confirmed receiving the letter about an hour before the hearing on Duterte’s arrest, based on an International Criminal Court (ICC) warrant.

She also provided the media with a copy of the letter.

The letter outlines four matters classified as privileged information, in line with the Constitution, laws, and jurisprudence. These include:

+ Presidential communications solicited and received by the President’s advisers, including discussions from closed-door cabinet meetings;

+ Communications, documents, correspondences, and information related to military and diplomatic secrets;

+ Diplomatic communications and correspondences with law enforcement agencies, foreign authorities, and international organizations; and

+ Matters concerning the arrangements for transporting Duterte to The Hague, Netherlands, where the ICC is located.

Bersamin noted that the release of such information could jeopardize diplomatic relations and affect national security. The travel arrangements for Duterte, for instance, followed the same protocols used when flying heads of state, making the disclosure of these details a potential risk to national security.

Duterte was arrested on March 11 after the ICC issued a warrant against him for crimes against humanity for allegedly ordering killings during his time as Davao mayor and president of the Philippines. The Marcos administration stated that while they do not recognize the jurisdiction of the ICC, they were obligated to fulfill their commitment to the International Criminal Police Organization, which sought assistance in apprehending Duterte.

The probe, led by Senator Marcos, aims to determine whether due process was followed and Duterte’s rights were upheld during the arrest.

In a press conference on Monday, Escudero said he saw nothing wrong with the Palace letter, except for its request to be provided with a list of questions to be asked during the hearing in advance.

”Hinihiling lang in advance ang mga questions sa mga kalihim kapagka question hour ang involved at yan ay nakalagay sa aming rules, yan ay nakalagay sa saligang batas din pero hindi question hour ang nangyari sa pagdinig na isinagawa ni Sen. Imee kaya hindi kailangan magsumite ng mga questions beforehand,” Escudero said.

[Translation: It is only requested in advance for the questions to be submitted to the secretaries when question hour is involved, and this is stated in our rules, as well as in the Constitution. However, a question hour did not happen during the hearing conducted by Senator Imee, so there was no need to submit questions beforehand.]

Escudero also mentioned that it was usual for Cabinet officials to invoke executive privilege during legislative hearings. He pointed out that then-President Gloria Arroyo even issued an executive order in 2005 to prevent her Cabinet officials from attending Senate hearings.

However, Escudero emphasized that invoking executive privilege should not serve as an excuse for Cabinet members to avoid legislative hearings.

“Hindi ito pwedeng gamitin bilang isang blanket privilege. Ito’y pwedeng iinvoke lamang kapag ang tanong will tend to involve or include executive privilege. Hindi ‘yan rason para hindi dumalo o mag attend ng pagdinig,” the Senate leader said.

[Translation: This cannot be used as a blanket privilege. It can only be invoked when the question tends to involve or include executive privilege. It is not a reason to avoid or not attend the hearing.]

He also dismissed rumors that he tried to stop Senator Marcos from conducting the hearing, noting that even the Palace welcomed the move as an opportunity to clarify the issues surrounding Duterte’s controversial arrest.

Escudero said the legislative inquiry may lead to the filing of a bill but declined to speculate on its potential provisions.