Senate detains ‘evasive’ ambassador in Duterte arrest probe

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Special Envoy on Transnational Crime Markus Lacanilao (right) is visited by Senate Secretary Rey Bantug (left) at the Senate’s custodial facility on April 21. (Photo from the Senate Office of the Sergeant-at-Arms)

Metro Manila, Philippines - An ambassador who signed documents related to former President Rodrigo Duterte’s turnover to the International Criminal Court is now under Senate custody for allegedly being evasive during a hearing on the controversial arrest.

Special Envoy on Transnational Crime Markus Lacanilao surrendered to the Senate on Monday, April 21, after receiving an arrest order signed by Senate President Francis “Chiz” Escudero. The order directed a detention period not exceeding two days.

The following day, the Senate Office of the Sergeant-at-Arms released photos of Lacanilao undergoing a routine medical check-up at the Senate custodial facility.

This follows Lacanilao’s contempt citation by the Senate Committee on Foreign Relations—chaired by presidential sister Senator Imee Marcos—on April 10, for allegedly providing false testimony during a hearing.

Senators Marcos and Ronald “Bato” dela Rosa questioned Lacanilao over his written response of “do not know” in the ICC turnover form when asked whether Duterte had appeared before a national judicial authority. Lacanilao maintained he was unaware of any such proceedings involving Duterte, frustrating senators and prompting the contempt citation.

Lacanilao was briefly taken into custody that night by the Senate Office of the Sergeant-at-Arms. However, Escudero later ordered his release, issuing instead a show cause order directing him to explain why he should not be cited in contempt and why he insisted he had no personal knowledge of Duterte's appearance before a competent national judicial body.

Escudero later deemed Lacanilao’s explanation insufficient.

“After careful evaluation, Amb. Lacanilao is hereby ordered placed under the custody of the Senate of the Philippines for a period not exceeding two days, having failed to satisfactorily explain through a clear statement of facts, why his answers during the hearing were not evasive,” Escudero wrote.

Lacanilao was also ordered to attend future hearings and provide truthful testimony in the Senate probe concerning Duterte’s alleged arrest.

Marcos, however, criticized the limited two-day detention.

“While ordinary people are locked up until they purge themselves of the contempt, as sanctioned by Section 18, Resolution No. 5, Series of 2010, as amended, Lacanilao is given an ever so gentle slap on the wrist. Apparently, the rules only apply to ordinary people and not to people like Lacanilao who is favored by the powers that be,” Marcos said in a statement.

She also argued that Lacanilao should have been detained immediately, pointing out that Senate rules do not require a show cause order before enforcing contempt.

Escudero had earlier explained that a committee chairperson’s power to arrest or detain a resource person cited in contempt is subject to the Senate President’s approval. He emphasized that this serves as a safeguard “to ensure the powers of the Senate are exercised prudently with due regard for the rights of all and not wielded for personal or political ends.”