The Department of Justice said Thursday that Sen. Robinhood Padilla could be deemed to have waived his right to present a defense if he fails to appear at the preliminary investigation into an obstruction of justice complaint against him.
Justice Undersecretary Ian Dato said the case may then be resolved based on the evidence on record. He stressed that the issuance of a subpoena does not amount to a finding of guilt and that the preliminary investigation is meant to give respondents an opportunity to submit counter-affidavits and supporting evidence.
Padilla and his chief of staff, retired Col. Jean Alla Yasin Robles, were ordered to appear before DOJ prosecutors on Sept. 25 and Oct. 9 over a complaint filed by the PNP Criminal Investigation and Detection Group.
The complaint stems from allegations that Padilla helped Sen. Ronald “Bato” Dela Rosa leave the Senate premises on May 14 while authorities were attempting to serve an International Criminal Court arrest warrant. The CIDG has alleged that the departure involved a coordinated effort to avoid arrest.
Padilla has maintained that Dela Rosa merely asked for a ride and has denied helping him escape.
The DOJ has yet to determine whether there is sufficient basis to file charges in court.
