Malacañang stated that it is the prerogative of the Philippine government to decide whether or not to cooperate with the International Criminal Court (ICC), as the Philippines is not a member of the ICC.
At a media conference on Wednesday, Palace press officer Claire Castro said that the decision to comply with the warrant issued by the Interpol “remains discretionary under Philippine law.”
She was asked about the claim that President Ferdinand Marcos Jr. had the authority to prevent the arrest of former President Rodrigo Roa Duterte, but chose not to intervene.
“Very clear, it’s the prerogative of the government. So if it is the prerogative of the government to comply with the commitment with the Interpol, so that’s it,” Castro responded.
“This is not just surrendering a Filipino citizen, it is surrendering a Filipino citizen who is accused of crimes against humanity, specifically murder. So, it would be a different story. We have to comply with the law and give justice, either to the victims or to the accused,” she added.
“If the accused can say, ‘I am not guilty. I can defend myself,’ then go on. It’s also justice for him. That’s due process. But if he is guilty, then we should also give justice to the victims,” Castro said.
Castro defended the move, explaining that the former president was given due process, and it was his side that refused to cooperate with the international agency.
“They were given due process, sila po ‘yung hindi tumugon, sila po ‘yung hindi nakipagugnayan. Natatandaan mo po dati sinabi din po ni Senator Bato (Dela Rosa) na siya po ay nakakatanggap diumano ng notice. Pero hindi niya po tutugunan ito dahil hindi po siya sigurado at sa kanyang palagay po walang jurisdiction ang ICC,” Castro said.
“Kung may nagkulang man po at sinasabing hindi sila nabigyan ng due process, sila po mismo ang tumalikod sa kanilang karapatan na madinig ng prosecutor patungkol sa kanilang mga ebidensya,” she added.
