Malacañang to Dela Rosa: You had chance to question Cabinet on Duterte ICC arrest

Metro Manila, Philippines – Malacañang criticized Senator Ronald "Bato" dela Rosa for questioning the absence of Palace officials in the second Senate hearing on the arrest of former President Rodrigo Duterte, as there was an initial lengthy chance to do so.

"Hindi po ba niya natatandaan na nagkaroon na ng first hearing, siya po yata iyong wala. That was an opportunity para sa kaniya para magtanong. So, huwag niya pong sisihin kung ngayon po ay hindi umattend ang mga Cabinet officials natin sa pangalawang hearing po," said Communications Undersecretary Claire Castro in a Palace briefing on Thursday, April 3.

[Translation: Did he not remember that there was already a first hearing? It seems he was the one who was absent. That was an opportunity for him to ask questions. So he should not blame others if our Cabinet officials did not attend the second hearing.]

Castro noted that the first hearing lasted for hours, which could have been Dela Rosa’s time to raise his concerns.

"Anim na oras po ang naging hearing noong una, sana po dumating siya, nagpakita siya para po nakapagtanong siya nang maayos," Castro said.

[Translation: The first hearing lasted six hours. He should have attended and participated so he could have asked his questions properly]

Malacañang also refuted Dela Rosa’s claim that the executive officials’ absence could lead to a constitutional crisis. Castro cited Supreme Court rulings that recognize the executive department's right to invoke executive privilege.

"Dapat malaman din po ni Senator Bato na ang patungkol po sa executive privilege ay matagal na rin pong inayunan ng Supreme Court. Marami na pong kaso na nadesisyunan ng Supreme Court – nandiyan po ang Senate vs. Ermita; Neri vs. Senate Committee, kung saan po ang executive privilege ay patunay lamang po, according to the Supreme Court decisions, na ito po ay maaaring i-invoke ng ating pangulo at ng kaniyang mga high-ranking officials, lalo na kung ito ay patungkol sa deliberative process privilege, presidential communications privilege, or state secrets privilege," she added.

[Translation: Senator Bato should know that executive privilege has long been recognized by the Supreme Court. There are many cases decided by the Supreme Court - such as Senate vs. Ermita and Neri vs. Senate Committee - which affirm that the president and high-ranking officials can invoke executive privilege, especially when it concerns deliberative process privilege, presidential communications privilege, or state secrets privilege.]

Dela Rosa hit the absence of executive officials at Thursday’s hearing, calling for a subpoena to compel their attendance.

"Ito’y tahasang pagbalewala sa doktrina ng checks and balances ng ating gobyerno… We are now on the verge of a constitutional crisis kapag tuluyan nilang i-snub ang ating imbestigasyon," he said.

[Translation: This was a blatant disregard of the doctrine of checks and balances in our government… We are now on the verge of a constitutional crisis if they continue to snub our investigation.]