00:40.7
wala yyun sa icc ang gagawin na lang ng
00:43.7
mga presidente at mga prime minister eh
00:46.3
p may kaso sila sa icc magwi-withdraw
00:48.6
lang sila wala ng mangyayari pero
00:50.9
nilagay ng icc yun na p nasimulan na ang
00:54.8
imbestigasyon bago maging effective ang
00:57.2
withdrawal mo the iccs jurisdiction
01:00.5
second honor May we may be given a
01:04.3
chance to respond maraming masyadong tao
01:07.4
ang sasalita against me
01:11.5
Uh at least Uh give me only one person
01:15.4
to may lawyer enz oreto kalaban ang
01:20.5
katiwalian at kasinungalingan kakampe sa
01:27.8
kapihan at thank you Mr ch Good evening
01:31.1
to everyone Magandang gabi po former
01:33.0
President Rodrigo raa Duterte and to all
01:36.0
other Resource persons
01:38.4
um Let's talk about the International
01:41.5
criminal court and I guess we have
01:44.6
Resource persons who are lawyers for the
01:47.8
victims of the EG case and I would like
01:50.4
to direct my questions to the lawyers
01:53.9
based for my understanding Mr chair the
01:58.1
jurisdiction or the mission of the icc
02:02.0
is to investigate and if warranted um
02:05.2
prosecute individuals were charged with
02:08.0
hus crimes such as war crimes genocide
02:13.6
and crimes against humanity would That
02:19.6
correct Uh Yes Mr chair including a
02:24.2
fourth crime crimes of aggression so
02:27.0
These are the only four types of crimes
02:28.7
um tr before the icc yes and that
02:31.6
includes crime of crimes of aggression
02:36.9
on nakuha po yung atensyon ko doon po sa
02:40.1
opening statement ninyo Attorney
02:45.3
na meron Hong kaso ngayon no ang ah
02:49.8
biktima nitong EG at nasa icc na po ito
02:54.0
Tama po that is correct um the
02:56.8
Preliminary examination was open
03:00.5
and the investigation was granted June
03:03.7
2021 before i go on the details of the
03:06.4
case would you care to update us What is
03:09.2
the status of this case before the icc
03:12.1
so the status of the case at present
03:13.8
your honor would be in It's at the
03:16.2
investigation stage bale po yung sa atin
03:19.8
po kasi ang kilala natin ay Preliminary
03:21.7
investigation and there are two
03:23.3
questions one What is the Crime
03:25.3
committed and second Who is the
03:28.8
perpetrator sa icc po sa Preliminary
03:31.7
examination ang tinalakay na Ay meron
03:34.0
bang crimes of human crimes against
03:36.2
humanity na ginawa sa pilipinas meron
03:40.2
kaya nasa second stage na po tayo Who is
03:43.7
most responsible or who are most
03:46.2
responsible for these crimes against
03:47.8
humanity the icc is in the process of
03:50.2
determining these people so that they
03:52.0
can issue either summons or warrants of
03:55.0
arrest before trial can
03:57.4
Begin you mentioned a while ago that it
04:00.3
was already determined that there is a
04:02.6
crime against humanity and you are
04:05.5
referring to the war on drugs Yes Hon is
04:09.4
that correct Yes your honor Uh the icc
04:12.4
opened the investigation Upon The
04:16.9
Uh Office of the prosecutor um approving
04:22.1
the request because they believe that
04:24.4
there is reasonable basis to believe
04:25.8
that crimes against humanity were
04:27.2
committed in the Philippines within the
04:29.0
scope of November 2011 to about June
04:32.9
2016 um murders and other inhumane acts
04:36.0
which happened in Davao City and from
04:39.0
July 2016 to March 2019 nationwide so
04:43.0
that is the scope of the investigation
04:44.7
temporal and Geographic part your part
04:47.6
of your statement earlier you mentioned
04:50.5
that we char we charge him as liable for
04:55.5
crime hus crimes He is liable for
05:00.4
conspiracy because of the institution of
05:03.2
a state policy to neutralize whomever HE
05:07.4
identified as so-called
05:09.6
enemies of the state under the guise of
05:13.9
anti-criminality Yes Sir would you care
05:17.0
to explain and expound this statement Uh
05:21.2
your honor Actually part of that is
05:23.2
derived in fact from icc documents both
05:26.6
from the OTP or the office of the
05:28.5
prosecutor request to open the
05:30.3
investigation and the decision agreeing
05:33.4
to such this conspiracy says that the
05:37.7
killings were premeditated murders ang
05:42.2
lumalabas po ah kung
05:54.5
magre-react un quote talagang gyera
05:57.1
kundi naging massaker ng mahihirap
06:00.1
ang kinalabasan po
06:01.8
ah gagawa ng kumbaga ah enemy ang
06:06.4
kalaban daw ay droga at under that eh
06:10.0
mag-opera ilalim ng mga operasyon
06:12.7
nagkaroon po ng planting of evidence
06:15.0
fabrication of evidence para mabuo yung
06:18.2
itsura na parang may nangyayari sa war
06:21.2
on drugs pero po sa totoo Ito po ay mga
06:23.8
patayan na talagang isinagawa para lang
06:27.1
i-wak doon sa operations um kung
06:30.1
ididikit ko din po doun sa dati na
06:31.8
nating na ah na bulatlat pati po mga
06:37.1
politically motivated crimes or
06:39.5
politically motivated murders dito na
06:42.0
rin ipinasok sa quote unquote war on
06:44.8
drugs earlier we had a discussion that
06:48.3
Uh it was mentioned that guilt is
06:51.4
personal and as a lawyer I understand
06:54.0
that that if we go about with the
06:56.8
provisions of the revised Penal Code
06:58.9
titled 2 which refers to the persons who
07:01.1
are criminal liable for felonies yung
07:04.0
article 16 nag sinasabi doon yung mga
07:06.0
principal accomplices and accessories
07:08.4
and Iyung article 17 sinasabi po doon
07:10.6
Iyung tatlong klase ng Principles
07:12.8
principal by direct participation
07:15.2
principal by inducement and principal by
07:21.1
cooperation yyung principal by direct
07:25.2
participation that is What We are
07:27.3
referring to guilt which is person
07:30.4
and Men a ag that you are charging the
07:35.0
former President because of the
07:37.9
conspiracy and also He is liable as
07:41.8
principal by inducement or principal by
07:45.6
indispensable cooperation would you care
07:48.4
to expound and explain this
07:51.4
Attorney Yes your honor Mr ch I would
07:54.7
like to just clarify also that when you
07:56.7
say guilt is personal ites mean that you
08:00.4
have to be Uh on site you don't have to
08:04.0
be the one who pulled the Trigger when
08:05.9
you say guilt is personal It means that
08:08.2
you participated in some way or another
08:11.2
in the Commission of the crime and when
08:13.7
you planned or masterminded a crime that
08:16.7
is guilt that is personal as well and so
08:19.8
the participation of someone by
08:22.2
inducement Nagbigay ka ng reward sinabi
08:24.9
mo gawin mo ito babayaran kita that is
08:27.7
inducement ah by indispensable
08:30.8
cooperation bubuksan ko yung pintuan
08:33.4
Gagawa ako ng policy para makapatay ka
08:36.4
at pagkatapos niyan sisiguraduhin kong
08:39.5
hindi ka mapaparusahan o maimbestigahan
08:42.0
that could be a principal by
08:44.6
indispensable cooperation and a while
08:47.3
ago again going back to the issue or
08:50.2
topic of conspiracy basically conspiracy
08:53.5
means the act of one is the act of all
08:57.1
and how would you allege
09:00.2
that the act of This law
09:03.7
enfor will also charge the former
09:07.4
president for the victims of this
09:10.1
extrajudicial killings well one your
09:12.6
honor the character itself of crimes
09:14.7
against humanity says that This is
09:17.9
widespread and systematic killings at
09:20.8
Ibig sabihin po ay may sistema na
09:23.0
inilagay ang isang nakatataas na
09:25.9
opisyales usually ay nasa gobyerno para
09:29.6
utusan yung mga papatay kumbaga At
09:32.8
pangalawa ah ang konsepto po kasi ng
09:35.9
conspiracy ay nag-usap-usap kayo ah
09:38.2
pinagplanuhan at kung ma-establish ng
09:41.7
icc and we believe So kung ma-establish
09:43.8
ng icc na yung mga patayan ay konektado
09:47.7
lahat sa war on drugs konektado noun sa
09:49.8
directives ni Duterte eh maituturing po
09:52.5
itong conspiracy o pinag-usapan in fact
09:54.9
your honor Uh when we go back to the
09:57.2
concept of negation and neutralization
10:00.6
the policy says so and we can Pull Up a
10:04.1
lot of police reports where the police
10:08.3
would say oh We neutralize the suspect
10:11.6
and it is clearly they fatally Shot the
10:14.6
suspect meaning sinabi mo po na ganito
10:18.2
and this is how it was interpreted on
10:20.3
the ground yung pong mga police report
10:22.3
klaro ang sinasabi when you neutralize
10:24.9
you kill that person So basically in
10:27.7
layman's term po attorney
10:29.9
because of the policy on the war on
10:31.8
drugs of former President Duterte and
10:35.0
that is being implemented by the law
10:37.1
enforcers ibig sabihin they can all Be
10:40.3
charged for the crimes against humanity
10:44.4
because of that policy and
10:47.2
implemented by This law enforcers ah a
10:50.8
clarification your honor in the in
10:52.4
crimes against humanity and if this is
10:54.1
charged Before The International
10:55.5
criminal court they will only take hold
10:59.4
court the most responsible those who
11:02.0
Bear The Greatest
11:03.8
responsibility and in this case Attorney
11:05.9
Cony who appeared to be the most
11:08.5
responsible clearly the most responsible
11:11.3
for crimes against humanity in the
11:13.1
Philippines in the Acts of murder and
11:14.9
other inhumane acts would be none other
11:17.2
than President Rodrigo Roa Duterte um
11:20.3
that would include Some other lower
11:22.4
officials perhaps senator Bato de la
11:25.1
Rosa who also Served as the chief of
11:27.9
police during that time
11:29.9
Are you familiar of the Senate inquiry
11:33.3
that was conducted a week ago Yes a week
11:37.7
ago I think so um This is the Senate
11:40.1
inquiry also on the they call it the
11:42.4
Philippine war on illegal drugs and
11:45.3
Later on Sorry and a while ago We also
11:48.4
heard the former President reiterated
11:51.6
his statement in which He said that I
11:57.5
responsibility on the and implementation
12:01.3
of the war on drugs would That be
12:02.9
correct Yes your honor I also heard him
12:05.4
say that he would also like to bear the
12:08.0
responsibility for the consequences
12:10.8
legal and illegal with that
12:14.4
statement matutulungan po ba kayo at
12:17.1
yung mga biktima or pamilya ng biktima
12:20.1
nitong EG doon sa kaso sa icc to some
12:24.1
extent your honor Yes um Mr chair the
12:28.0
admissions before the legislative Bodies
12:32.0
in the Philippines could serve Well in
12:35.4
the investigation Where they are
12:37.3
determinate Who is most responsible e
12:39.6
Ito na nga po ang tanong nila sinong may
12:42.2
kasalanan may umaamin ah but Uh moving
12:46.0
forward into trial Uh there would be
12:49.3
some sort of processes before these
12:52.2
statements could be taken Uh as evidence
12:56.0
but it's just a matter of um procedure
12:59.2
Pwede pong gamitin ang mga sinabi ni
13:01.2
Duterte dito at sa senado sa pagbubukas
13:04.8
po ng trial sa icc at sa kahit na ano
13:07.2
pamp pong korte I've seen one of your
13:10.0
interviews in the television and yet you
13:12.2
are hopeful that before the 2024 ends a
13:16.8
warrant of arrest will be issued by The
13:19.6
International criminal code court
13:23.2
inaasahan niyo po ba talaga na lumabas
13:25.5
bago matapos ang tao ngayon well Yes
13:27.4
your honor ah but of course there are
13:30.2
processes with the icc that are out of
13:32.2
our control Mr chair I just would like
13:35.2
to share and inform everyone that
13:38.2
earlier today the executive secretary
13:42.5
former Chief justice Lucas
13:47.0
stated that if the former President
13:50.7
desires to surrender himself to the
13:54.1
jurisdiction of the
13:56.0
icc the government will
14:00.1
to it nor move to block the fulfillment
14:04.3
of his desire can we Ask the reaction or
14:08.1
the comment of the lawyers of the Vi be
14:11.2
nice to do that sir but they do not have
14:17.3
ch There's a question with regards the
14:20.0
icc the interpretation of the statement
14:23.6
of the executive secretary is that if
14:26.6
the icc will isue a warrant of
14:29.8
and the interp is to execute the warant
14:32.6
of arrest the Philippine government the
14:36.0
Marcos administration will not object to
14:38.7
it and will allow the serving of the
14:41.2
search warrant against President Duterte
14:45.0
whoever is the subject of such search
14:47.6
warrant Mr chair Yes I fully agree
14:50.6
Attorney minar and in fact that is what
14:52.4
is stated in the second paragraph of the
14:55.3
statement issued by the executive
14:57.3
secretary which ie but if the icc refers
15:01.8
the process to interpol which may then
15:05.1
transmit a red notice to the Philippine
15:08.0
authorities the government will feel
15:10.6
obliged to consider the red notice as a
15:14.3
request to be honored in which case the
15:17.7
domestic law enforcement agencies shall
15:20.8
be bound to Accord full cooperation to
15:24.2
interpol pursuant to established
15:27.3
protocols so before before um I would
15:31.1
elicit your comment or reaction Mr chair
15:33.8
I would like to ask the comment of our
15:36.5
former President Duterte about this
15:39.4
issuance of the executive
15:42.9
secretary I'm happy with the narration
15:49.0
whatever stage there
15:51.4
is Ang problema walang
15:55.6
jurisdiction bigyan muna ako ng
15:57.9
jurisdiction or anything else before you
16:01.2
moove jurisdiction
16:03.2
muna do may jurisdiction ba
16:07.4
sila okay Mr chair um I would like to
16:10.7
ask the lawyers from the nupl or
16:13.2
probably Attorney jokno can also um
16:16.0
explain thank you Thank you Mr chair di
16:19.3
iccs jurisdiction when we signed the
16:22.3
Rome statute it was stated there article
16:25.5
127 that the icc continues to have
16:29.1
dition even if a country has withdrawn
16:32.6
if the proceedings have been instituted
16:35.6
before the effectivity of the withdrawal
16:39.1
2017 nafile ang Ang kaso originally and
16:43.0
then 2018 ito namang sa rise up mga
16:45.3
pamilya effectively March of 2019 ang
16:48.9
withdrawal ng Pilipinas So it has been
16:51.4
Uh it has jurisdiction under article 127
16:55.7
Bakit nilagay sa icc yon kasi Mr Cher
16:59.4
pag wala yun sa icc ang gagawin na lang
17:02.5
ng mga presidente at mga prime minister
17:04.5
eh pag may kaso sila sa icc
17:07.0
magwi-withdraw lang sila wala ng
17:08.8
mangyayari pero nilagay ng icc yun na
17:11.5
pag nasimulan na ang
17:13.9
imbestigasyon bago maging effective ang
17:16.2
withdrawal mo the icc has jurisdiction
17:19.3
the second point MR chair is this doon
17:22.5
sa icc merong complementarity clause ang
17:26.0
nakalagay sa icc complementarity clause
17:29.1
is precisely this if the person is being
17:32.7
investigated or prosecuted sa bansa na
17:36.0
kung saan siya then icc genuinely
17:39.6
investigated or prosecuted then the icc
17:43.4
will not admit the case inadmissible
17:46.2
siya ngayon ang tanong may kaso ba o
17:49.9
imbestigasyon o prosecution ang mga
17:52.2
akusado sa icc answer no so therefore
17:55.5
hindi mag-trigger ang
17:57.8
complementarity and of course nabanggit
17:60.0
kanina Mr chair may admission mismo si
18:03.0
dating presidente Duterte na ang mga
18:05.6
korte natin dito ay ineffective
18:08.7
inefficient talagang magagamit po iyan
18:11.2
Mr chair sa icc because the icc also as
18:14.9
a phrase na pag sinabi niya kahit pa
18:18.4
kinasuhan ka sa Pilipinas Pero ito ay
18:23.0
inability or unwillingness ibig sabihin
18:29.2
then the icc continues to have
18:31.0
jurisdiction so the icc has jurisdiction
18:34.6
because of those Uh terms Mr and last
18:37.9
point na lang Mr ch Pag pumirma tayo ng
18:41.1
kontrata we subtract something from our
18:44.4
Sovereignty when we signed the the
18:47.5
protocols with the interpol na p may
18:50.0
sine-serve kayo dito na warrant of
18:52.0
arrest susundin namin yan that's that's
18:55.4
part of our Giving Up our you know part
18:59.0
of our sovereignity doon sa ganyang
19:01.8
klase na obligasyon the same din sa icc
19:05.4
at hindi maganda Mr chair na pag sakali
19:08.8
hindi iuf ng Philippine government ang
19:11.4
pinirmahan niya sa Rome statute many
19:13.5
years ago eh ang sabihin ng
19:16.1
international community Hindi pala kayo
19:18.0
mapagkatiwalaan eh pirma kayo ng pirma
19:20.4
ng kontrata pero pag alanganin na o
19:22.9
treaty pagalangan na atras kayo So it is
19:26.2
also to the interest of the Philippine
19:28.1
government na i-fill ang obligasyon sa
19:30.7
icc precisely because we have committed
19:34.2
ourselves to to to do our obligation so
19:39.2
in any case Mr chair the iccs
19:41.8
jurisdiction and we are supposedly bound
19:44.3
dapat to implement those that
19:47.2
jurisdiction Mr chair Mr chair is it
19:50.2
correct to assume that the subject
19:52.8
matter of the case before the icc or the
19:56.7
crimes that we are referring to are
19:59.2
crimes committed before the
20:02.6
withdrawal Yes Mr chair that is correct
20:05.0
Mr chair if I may Add Mr Chair and your
20:08.6
honors that was one of the issues taken
20:11.3
Up by the pretrial chambers ito na po
20:13.7
Iyung court ng international criminal
20:16.6
court when it granted the request of the
20:19.8
prosecutor to conduct a formal
20:22.6
investigation in September 15 2021 sa
20:26.8
isang written decision ng trial chamber
20:29.8
they found number one that there was
20:31.8
reasonable basis to proceed with the
20:34.4
investigation and number two that the
20:37.4
case Falls within the court's
20:39.8
jurisdiction Hindi po nila papayagan ang
20:42.6
prosecutor na mag-imbestiga sa isang
20:45.3
kaso kung wala namang jurisdiction ang
20:47.5
icc kung ganon po dapat eh matagal na
20:50.4
nilang dinismiss Ang kaso It's very
20:53.8
clear under the rulings of the icc as
20:56.8
well as the Rome statute which is the
20:59.2
treaty that the Philippines ratified
21:01.1
that that jurisdiction
21:04.0
exists Mr Che Nais ko rin pong Magdagdag
21:08.0
doon sa mga sinabi nila Attorney nery
21:11.6
colmenares and Attorney Chel jokno bukod
21:14.4
po sa Rome statute itself bukod po sa
21:16.8
pronouncement ng pretrial chamber ng icc
21:19.9
ang mismong korte suprema natin in the
21:23.8
20 in the 2021 case of Pangilinan versus
21:31.0
ie from the decision p by Senior
21:34.4
associate justice marv leonen What is
21:39.5
withdrawal po ang issue na sinagot do sa
21:42.6
ruling naon withdrawing from the Rome
21:45.4
statute does not discharge a state party
21:49.2
from the obligations it has
21:51.7
incurred then the supreme courted to say
21:55.0
a state shall not be discharged
21:59.6
withraw from the obligations aring from
22:03.4
the statute while It was a party its
22:07.4
withdrawal shall not affect any
22:10.4
cooperation with the court in connection
22:13.5
with criminal investigations and
22:15.8
proceedings in relation to which the
22:18.9
withdrawing state had a Duty to
22:21.9
cooperate and which were commenced prior
22:25.4
to the date on which the withdrawal
22:28.1
became effective so malinaw kahit Nag
22:31.6
withdraw na doon sa mga alleged crimes
22:35.5
against humanity committed within the
22:46.2
20 19 no no I'm sorry 2011 May i correct
22:51.0
myself 2011 to 2019 yung 2011 yun po ang
22:56.2
date na ren notify ng senado yung Rome
23:00.8
statute na naging Officially member
23:04.7
state tayo ng Rome statute yung 2019
23:09.7
naman ay yung date na naging effective
23:14.0
yung withdrawal kasi winidraw po tayo ng
23:17.0
dating Pangulong Duterte sa Rome statute
23:19.7
nung March 2018 so one year after that
23:24.1
March 2019 naging effective yung
23:27.4
withdrawal nakasabi malinaw talaga yan
23:30.1
sa Rome statute na habang miyembro ka
23:33.6
meron kang obligasyon to cooperate kung
23:38.2
ano man yyung mga proceedings so
23:40.8
miyembro pa tayo from 2011 to 2019 kaya
23:46.4
pwede pa na mag-imbestiga ang
23:50.6
icc maraming salamat
23:53.3
po thank you for that your honor May we
23:57.6
may be given a chance to respond marami
24:01.4
masyadong tao ang sasalita against me
24:06.4
Uh at least give me only one person to
24:13.4
to give his pce of
24:16.3
Uh the legal issues involved Uh to be
24:20.7
fair Uh buog buog halika
24:30.1
kapag buklod ay may
24:32.7
pagasa bayas Mindanao isa ang
24:37.3
pananaw sa bagong Pilipinas ang bunyog
