Palace backtracks, prohibits execs from Senate hearing on Duterte’s ICC arrest

Metro Manila, Philippines - Malacañang will not send any Cabinet secretary or executive official to the next Senate hearing on former President Rodrigo Duterte’s arrest, the Palace said in a letter to senators—contradicting its earlier pronouncement that it will not prevent officials from attending.

Executive Secretary Lucas Bersamin formally declined the Senate’s invitation for executive officials to attend the hearing on Thursday, April 3, in a letter addressed to Senate President Francis “Chiz” Escudero and Senator Imee Marcos, who chairs the Senate Committee on Foreign Relations leading the probe.

The letter, dated Monday, March 31, was released to the media by Senator Marcos’ office on Tuesday, April 1.

Bersamin noted that officials from various government agencies had already answered questions not covered by executive privilege during the first hearing on March 20.

“Given the extensive disclosures made, we believe that further participation may no longer be necessary at this time, especially considering that the Honorable Chairperson has publicly relayed her comprehensive findings thereon,” Bersamin wrote.

He also argued that further discussions on the issue could violate executive privilege and the sub judice rule, given the pending petitions involving Duterte’s arrest and turnover to the International Criminal Court (ICC).

However, in a chance interview on Tuesday, Senator Marcos pushed back. She said Bersamin, as a former Chief Justice, should know that executive privilege can only be invoked in response to specific questions during a hearing—not as a blanket refusal to attend, citing a Supreme Court ruling on the matter.

She also questioned the Palace’s apparent flip-flopping, pointing out that on the same day Bersamin sent the letter, Communications Undersecretary Claire Castro publicly stated in a Palace briefing that President Ferdinand Marcos Jr. will not stop Cabinet members from heeding Senate summons.

“Ano 'to April Fools'? Kaninong utos ba dapat ang masunod (What is this, an April Fools' joke? Whose orders should be followed)?” the senator asked.

She said she sent a letter urging her brother’s administration to reconsider its decision.

"Umaasa pa rin ako dun sa sinabi ni Presidente na hindi raw ipagbabawal. Pero ang linaw-linaw ng sulat—bawal. Hindi sila aattend,” she said.

[Translation: I’m still hoping in what the President said—that it wouldn’t be prohibited. But the letter is very clear—it’s not allowed. They won’t attend.]

“‘Pag hindi sumisipot, ang duda ng tao may itinatago ("If you don’t show up, people will suspect a cover up),” she added.

On March 20, Senator Marcos led the first hearing on Duterte’s arrest, which was attended by Cabinet members, including Justice Secretary Jesus Crispin Remulla. A week later, she released her preliminary findings, highlighting grave violations of the former President’s rights, including his right to due process, as he was allegedly denied the opportunity to defend himself in a local court.

Duterte was arrested on March 11 based on a warrant from the ICC for crimes against humanity, stemming from allegations that he ordered extrajudicial killings as both Davao mayor and President.

The Marcos administration has repeatedly said it does not recognize the ICC’s jurisdiction, but justified Duterte’s surrender by citing the country’s commitment to the International Criminal Police Organization or Interpol.

Senator Marcos said more questions need to be answered in the second hearing, though the list of remaining guests has yet to be disclosed.