Pres. Ferdinand Marcos receives former Pres. Rodrigo Duterte in Malacañang Aug. 2.
The attempt by former president Rodrigo Duterte to use the China card to gain a prominent role in the Marcos administration and protect himself from the International Criminal Court got aborted just when his cohorts in the Senate were about to launch it.
The embarrassing thing about the flop is that it was his benefactor, China, that ruined it. That was the water cannoning by Chinese ships of the Philippine boats bringing supplies to the Marines on Ayungin Shoal.
Duterte’s plan to use the China card was manifested on July 17 when Xinhua, China’s news agency, reported the meeting of the former president with Chinese President Xi Jinping. It came on the eve of ICC’s release of its decision rejecting the petition of the Philippine government to stop the probe on the killings that constitute crime against humanity related to Duterte’s war on drugs. The investigation includes the period when he was mayor of Davao City.
Malacañang was not informed about Duterte’s trip to Beijing. Actually, a former president is a private citizen and is not required to inform Malacañang of his personal activities. But since he was meeting with an incumbent leader of another country, propriety dictates that the Office of the President be informed about it.
But then propriety has never been Duterte’s strong suit.
There were even talks that the Beijing trip was a precautionary move by Duterte to evade a possible warrant of arrest just in case ICC decides to issue it following its decision to continue the probe.
The Xinhua report said Xi praised Duterte’s “strategic choice of improving relations with China” when he was president and expressed the hope “that Duterte will continue to play an important role in the friendly cooperation between the two countries.”
Shortly after the former president’s return from Beijing, Sen. Alan Peter Cayetano, Foreign secretary during the Duterte presidency, suggested making Duterte “the country’s special envoy to China to help reach out on a back-channel basis given his good standing with the Chinese government.”
This was immediately supported by Sen. Christopher Lawrence “Bong” Go, who is named in one of the documents submitted to the ICC as having played a major role in the killings.
The ICC probe documents said that Go, who served as executive assistant and personal aide to then-Davao City mayor Rodrigo Duterte, on several instances, was the one who relayed the latter’s orders to kill to the Davao Death Squad, which was allegedly carrying out the extrajudicial killings for the local chief executive.
On Aug. 2, Duterte, accompanied by Go and former executive secretary Salvador Medialdea, went to see President Ferdinand Marcos Jr. in Malacañang.
The report of the Presidential Communications Office on the meeting said: “Aside from discussing Duterte’s meeting with Xi, the two leaders also talked about other issues. The former president likewise gave some good pieces of advice to President Marcos.”
It was Sen. JV Ejercito who shared with ANC what Marcos told him about the meeting with Duterte. According to Ejercito, Duterte told Marcos that he told Xi, “Please be kind to my country.”
This is horrifying! Why would the Philippines seek kindness from China? We should demand respect and adherence to the rule of law, not kindness.
Such a subservient attitude towards China is not surprising from Duterte, and should disqualify him from the position of special envoy to China.
Apparently, Duterte’s appeal to Xi fell on deaf ears because on Aug. 5, the Philippine Coast Guard reported “the China Coast Guard’s (CCG’s) dangerous maneuvers and illegal use of water cannons against the PCG vessels escorting the indigenous boats chartered by the Armed Forces of the Philippines” bringing supplies to the Marines in the grounded BRP Sierra Madre on Ayungin Shoal in the West Philippine Sea.
The latest hostile act of Chinese ships against Philippine vessels in the West Philippine Sea drew condemnations from several countries including Australia, Canada, Germany, Japan and the United States.
Since then nothing was heard from the Cayetano-Go recommended “special envoy to China.”
Former president Rodrigo Duterte with daughter Vice President Sara and Sen. Bong Go in a 2019 photo when they attended the enthronement of Japanese Emperor Naruhito. Malacañang photo
Aside from former president Rodrigo Duterte, Vice President Sara Duterte-Carpio and two incumbent senators were named in documents submitted to the International Criminal Court (ICC) investigating the killings related to the drug war during the previous administration and when Duterte was mayor of Davao City, a copy of the documents obtained by VERA Files shows.
The vice president’s name was mentioned as knowing and approving the killings when she was city mayor, a post that her father held for more than 20 years. Sara was mayor from 2010 to 2013, and from 2016 to 2022.
A person knowledgeable of the ICC probe said she could be issued a “summons” by the ICC. If she would not comply with the summons, she would be issued a warrant of arrest.
This is the first time the name of Sara was mentioned in the documents relevant to the ICC investigation.
VERA Files sent messages to the OVP, her spokesperson and media officer for her side, but got only an automated reply from the OVP acknowledging receipt of the email and that it has been forwarded to the concerned unit for appropriate action. Her spokesperson also acknowledged VERA Files’ request sent by text.
On July 18, 7:51 p.m. Sara’s information officer Jefrey Tupas sent a text message: “No comment.”
Bong Go
Sen. Christopher Lawrence “Bong” Go, the former president’s longtime aide, was mentioned at least 70 times and Sen. Ronald “Bato” Dela Rosa, at least 90 times in a 186-page affidavit by a person who had knowledge of Duterte’s bloody style of governance but had asked not to be identified.
Once included in the investigation, Dela Rosa and Go could be issued warrants of arrest by the ICC.
Several other names were mentioned in the documents that covered at least 100 killings that happened mostly in Davao City when Rodrigo was mayor.
The probe on the killings related to the Duterte administration’s bloody war on drugs continues after the the ICC on July 18 rejected the Philippine government’s appeal to stop the investigation.
According to the documents with the ICC, during the years when Go served as executive assistant and personal aide to then-Davao City mayor Rodrigo Duterte, he, on several instances, was the one who relayed the former’s orders to kill to the Davao Death Squad, which was allegedly carrying out the extrajudicial killings for the local chief executive.
Some of the kill orders were unrelated to the anti-illegal drug campaign. Rodrigo served as Davao City mayor for 22 years, from 1988 to 2016, broken only by years when he held other elective positions (1998-2001, member of the House of Representatives and 2010-2013, vice mayor).
The documents also contained a report of two separate killings, which were allegedly ordered by Go, and “cleared and approved by Mayor Rodrigo Roa Duterte.” One was the murder of Primo Nilles, driver of businessman Jon Gaisano, whose wife Ana Nilles was one of the suspects in a cash pilferage in Gaisano’s business establishment. The other was the killing of second-hand truck importer Christopher Yu sometime in 2013 or 2014.
Go held a powerful position during the Duterte presidency as gatekeeper for the chief executive. Even when he was elected senator in 2019, he was always seen in almost all the activities of the president.
VERA Files tried to get the side of Go by email and text but has not received any reply as of July 17. Former president Rodrigo Duterte in an April 2019 photo campaigning for Bato Dela Rosa and Bong Go who were running for seats in the Senate.Malacañang photo
‘Bato’ Dela Rosa
Dela Rosa was Davao City police chief from 2012 to 2013 under then-mayor Sara Duterte-Carpio, who is now vice president. He previously held other positions such as station commander and intelligence division chief under the Davao City Police Office from 1992 to 1997, when the elder Duterte was the city mayor.
In the documents, it was alleged that Dela Rosa formed his own death squad to carry out anti-illegal drug operations in Davao.
As chief of the Philippine National Police (PNP), he presided over Duterte’s bloody war on drugs from 2016 up to 2018, which saw the killings of some 30,000, according to the estimates by human rights groups. Police admit to some 6,000 killed in drug war operations.
VERA Files also tried to get the side of Dela Rosa but has not received a reply as of July 17.
Dela Rosa had said that he was not afraid of the ICC investigation as the Netherlands-based court no longer has jurisdiction on the Philippines. However, the police chief-turned-senator admitted avoiding traveling to countries he perceives to be “loyal” to the ICC to evade potentially getting arrested should the court issue a warrant for him.
“Hindi ako takot. Alam ko naman na walang mangyayari diyan kung hindi lang ako lalabas sa ating bansa … just in case pupunta ako sa ibang bansa at huhulihin ako doon, nandiyan na si Sen. [Francis] Tolentino to the rescue para mag-represent sa akin sa kahaharapin ko,” Dela Rosa said last March
[I’m not afraid. I know that nothing would happen as long as I don’t go outside the country … just in case I go to another country and I will be arrested there, Sen. [Francis] Tolentino will be there to rescue and represent me.]
Senators Ronald “Bato” dela Rosa and Christopher Lawrence “Bong” Go during a hearing by the Senate Committee on Labor, Employment and Human Resources Development on January 28, 2020. Senate photo by Alex Nueva España
Although it lacks police power, the ICC relies on its 123 member states to cooperate in enforcing its arrest warrants. It can also seek the help of the International Criminal Police Organization (Interpol) by issuing a request to its 195 member countries, including the Philippines, to arrest a wanted individual. Still, it is entirely subject to Philippine discretion to implement an Interpol request.
ICC approval of investigation
In September 2021, the ICC Pre-Trial Chamber I granted the request of former prosecutor Fatou Bensouda to launch a full-blown probe into the alleged crimes against humanity in the Duterte administration’s drug war from July 2016 to March 16, 2019. It also allowed the probe to cover the alleged killings and related crimes in the Davao region from November 2011 to June 2016 by the “Davao Death Squad.”
The Pre-Trial Chamber is a judicial body in the ICC that permits the court’s prosecutor to conduct or resume an investigation. It also issues arrest warrants or summonses to those wanted of crimes against humanity, war crimes and other international crimes.
In her 57-page investigation request, Bensouda named Duterte for ordering the implementation of the drug war and publicly expressing support for the killing of suspected drug personalities.
She said other officials who used a similar rhetoric include Justice secretary Vitaliano Aguirre II who once said that “the criminals, the drug lords, drug pushers, they are not humanity”. Aguirre denied that he ever said drug lords “are not humans.”
Duterte’s first two PNP chiefs — Dela Rosa and Ronald Albayalde — were also named for implementing Duterte’s drug war. Bensouda said Albayalde, who replaced Dela Rosa in April 2018, publicly declared his commitment to continue Dela Rosa’s drug war upon assuming the top PNP post.
Bensouda made the investigation request to the Pre-Trial chamber a month before her term ended on June 15, 2021, with British lawyer Karim Khan succeeding her. Her launching of a preliminary examination into the drug war killings in February 2018 was followed by Duterte’s order to withdraw the Philippines as an ICC member, which took effect on March 16, 2019.
Duterte has consistently questioned the jurisdiction of the ICC to investigate him.
PH government appeal
In its appeal to reverse the decision of the Pre-Trial Chamber allowing Bensouda’s successor Khan to resume the drug war investigation on Jan. 26, the government insisted on the ICC’s lack of jurisdiction over the Philippines because it has ceased being a member since March 17, 2018.
Invoking the principle of complementarity where the ICC may exercise jurisdiction only when domestic legal systems fail to do so, or a state is unwilling or unable to genuinely carry out proceedings, the government cited a few cases that have found guilty policemen who were involved in extrajudicial killings in drug operations such as in the murder of 17-year old Kian de los Santos in 2017.
However, the Appeals Chamber, which hears appeals on decisions on jurisdiction or admissibility, was not impressed saying the Philippine courts “only address the physical, low-ranking perpetrators and at present do not extend to any high-ranking officials.”
Reacting to the rejection by the ICC of the government’s appeal,President Marcos reiterated his government’s position not to cooperate in the ICC probe.
If you listen closely to Justice Secretary Jesus Crispin Remulla’s strident reaction to the decision of the International Criminal Court (ICC) to resume the investigation into the killings related to Duterte’s war on drugs, he didn’t completely rule out allowing the ICC to come into the country.
“Definitely I do not welcome this move of theirs and I will not welcome them in the Philippines unless they make it clear that they will respect us in this regard,” he said in a press conference.
He added: “I will not stand for any of these antics that will question our status as a sovereign country. We will not accept that.”
Remulla knows his international law. He knows that a state’s sovereignty – the supreme right of the state to command obedience within its territory – allows it to enter into treaties. We exercised our sovereign right when we signed the Rome Statute, which established the ICC, on Dec. 28, 2000 and ratified it by the Senate on Aug. 30, 2011. Our accession to the treaty took effect on Nov. 1, 2011.
We knew the provisions in the treaty.
The Philippines’ withdrawal from the ICC initiated by former president Rodrigo Duterte took effect on March 17, 2019.
We are sure Remulla is aware of Article 127, paragraph 2 of the Rome Statute which states that a country’s withdrawal “”shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective.”
Last Jan. 26, ICC’s Pre-trial Chamber I (Court) granted Prosecutor Karim Ahmad Khan’s request to resume investigation in connection with the charge of crimes against humanity arising from the killings that happened during a specific period in Duterte’s war on drugs.
It is understandable that Remulla would be offended by the ICC’s decision and the reason that was given: it doesn’t believe the Philippine government is “undertaking relevant investigations that would warrant a deferral of the Court’s investigations on the basis of the complementarity principle.”
It means that the ICC believes that the Philippine government is “unable or unwilling” to prosecute those responsible for the killings, the estimate of which varies from the government’s number of 6,000 to the human rights groups’ more than 20,000.
In their insistence that the country’s judicial system is functioning and ICC’s probe is unwelcome, Remulla’s DOJ as well as during the term of Menardo Guevarra (now solicitor general) points to convictions of policemen involved in the 2017 killings of teenagers Kian de los Santos, Carl Arnaiz and Reynaldo de Guzman.
The ICC, however, is not easily impressed by the “deliberate focus of proceedings on low-level or marginal perpetrators.” It wants to make sure that national investigations or prosecutions focused “on those most responsible for the most serious crimes committed.”
The DOJ never investigated Duterte and the chief implementor of his bloody war-on-drugs, now Sen. Ronald Dela Rosa.
It is noted that Remulla added a conditionality in his public statement on not welcoming the ICC investigators: “… unless they make it clear that they will respect us in this regard.”
There is no reason for Remulla to be worried about it. Since the ICC does not have its own police force, it relies on the cooperation of States and international organizations to arrest and surrender the persons they are investigating.
President Ferdinand Marcos Jr. has not said anything about the latest development from the ICC. During the election campaign, he said that he would only allow ICC probers to come in as tourists.
Many things have changed since then. He is now president, made possible by an alliance with Sarah Duterte, the former president’s daughter.
In the seven months of his presidency, he has been working hard in selling the country as a stable and dynamic investment area. He has impressed the international community as a leader far decent from his predecessor.
In his speech at the 77th United Nations General Assembly last year, he declared: “We need to reaffirm the wisdom of the founders of our United Nations. This means transcending our differences and committing to ending war, upholding justice, respecting human rights, and maintaining international peace and security.”
Surely, he won’t undo all those gains by not allowing the ICC to investigate what has been an extremely traumatic experience for tens and thousands of Filipinos.
If you listen closely to Justice Secretary Jesus Crispin Remulla’s strident reaction to the decision of the International Criminal Court (ICC) to resume the investigation into the killings related to Duterte’s war on drugs, he didn’t completely rule out allowing the ICC to come into the country.
“Definitely I do not welcome this move of theirs and I will not welcome them in the Philippines unless they make it clear that they will respect us in this regard,” he said in a press conference.
He added: “I will not stand for any of these antics that will question our status as a sovereign country. We will not accept that.”
Remulla knows his international law. He knows that a state’s sovereignty – the supreme right of the state to command obedience within its territory – allows it to enter into treaties. We exercised our sovereign right when we signed the Rome Statute, which established the ICC, on Dec. 28, 2000 and ratified it by the Senate on Aug. 30, 2011. Our accession to the treaty took effect on Nov. 1, 2011.
We knew the provisions in the treaty.
The Philippines’ withdrawal from the ICC initiated by former president Rodrigo Duterte took effect on March 17, 2019.
We are sure Remulla is aware of Article 127, paragraph 2 of the Rome Statute which states that a country’s withdrawal “”shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective.”
Last Jan. 26, ICC’s Pre-trial Chamber I (Court) granted Prosecutor Karim Ahmad Khan’s request to resume investigation in connection with the charge of crimes against humanity arising from the killings that happened during a specific period in Duterte’s war on drugs.
It is understandable that Remulla would be offended by the ICC’s decision and the reason that was given: it doesn’t believe the Philippine government is “undertaking relevant investigations that would warrant a deferral of the Court’s investigations on the basis of the complementarity principle.”
It means that the ICC believes that the Philippine government is “unable or unwilling” to prosecute those responsible for the killings, the estimate of which varies from the government’s number of 6,000 to the human rights groups’ more than 20,000.
In their insistence that the country’s judicial system is functioning and ICC’s probe is unwelcome, Remulla’s DOJ as well as during the term of Menardo Guevarra (now solicitor general) points to convictions of policemen involved in the 2017 killings of teenagers Kian de los Santos, Carl Arnaiz and Reynaldo de Guzman.
The ICC, however, is not easily impressed by the “deliberate focus of proceedings on low-level or marginal perpetrators.” It wants to make sure that national investigations or prosecutions focused “on those most responsible for the most serious crimes committed.”
The DOJ never investigated Duterte and the chief implementor of his bloody war-on-drugs, now Sen. Ronald Dela Rosa.
It is noted that Remulla added a conditionality in his public statement on not welcoming the ICC investigators: “… unless they make it clear that they will respect us in this regard.”
There is no reason for Remulla to be worried about it. Since the ICC does not have its own police force, it relies on the cooperation of States and international organizations to arrest and surrender the persons they are investigating.
President Ferdinand Marcos Jr. has not said anything about the latest development from the ICC. During the election campaign, he said that he would only allow ICC probers to come in as tourists.
Many things have changed since then. He is now president, made possible by an alliance with Sarah Duterte, the former president’s daughter.
In the seven months of his presidency, he has been working hard in selling the country as a stable and dynamic investment area. He has impressed the international community as a leader far decent from his predecessor.
In his speech at the 77th United Nations General Assembly last year, he declared: “We need to reaffirm the wisdom of the founders of our United Nations. This means transcending our differences and committing to ending war, upholding justice, respecting human rights, and maintaining international peace and security.”
Surely, he won’t undo all those gains by not allowing the ICC to investigate what has been an extremely traumatic experience for tens and thousands of Filipinos.
Listening to President Duterte say that he is not interested in staying beyond June 30, 2022 reminds us of his denials about running for president in 2016. He didn’t even file his certificate of candidacy before the deadline set by the Commission on Elections, remember? He had to go through all the drama of substitution.
The proponents behind the renewed efforts for Charter Change in both the House of Representatives and the Senate are his minions. Would anyone believe that House Speaker Lord Allan Velasco and Senators Ronald de la Rosa and Francis Tolentino would do anything as serious as changing the Constitution without their Master’s imprimatur?
While inaugurating Stage 3 of the Metro Manila Skyway last week, the President went off topic, as he always does, and talked about the revived Charter Change move:“ Kaya nga hinihingi ko … Ang Congress akala nila — talagang mga — term extension. My God! Maski ibigay mo sa akin on a silver platter, maski ibigay mo sa akin libre another 10 years, sabihin ko sa iyo, p***** i** mo, iyo na lang ‘yan, tapos na ako.”
At least he admitted that the Charter Change initiative came from him. The value of his claimed disinterest in staying beyond June 30, 2022 is as good as his denial of his unexplained millions in his BPI bank account.
Some see the renewed attempt for Charter Change in the last 18 months of the Duterte administration as a diversion from the controversial unauthorized COVID-19 vaccination of members of the Presidential Security Group.
It’s like killing an issue by resurrecting one that has long been buried.
This time Duterte might get it his way given his clout on both the legislature and judiciary.
Charter Change at this late stage of his term is a long shot for Duterte and there’s an element of desperation in its revival.
Does it have something to do with “Bong Go for President” fantasy not catching on despite extensive media campaign, including blatant use of government resources and institutions?
Duterte ruled out the probability of his daughter, Davao City Mayor Sarah Duterte-Carpio, running for president in 2022. In that same Jan. 15 speech, he said: “And my daughter inuudyok naman nila, sabi ko, ‘my daughter is not running’. I have told Inday not to run kasi naaawa ako sa dadaanan niya na dinaanan ko. Hindi ito pambabae. Alam mo, the emotional setup of a woman and a man is totally different.”
Duterte is wrong about the fitness of women to be president. There are many examples of women presidents all over the world, including the Philippines that produced two — Cory Aquino and Gloria Macapagal-Arroyo.
Duterte-Carpio, who leads in Pulse Asia’s survey of contenders in the 2022 presidential elections, has issued a statement declaring her lack of interest in the presidency. This adds fuel to the reason behind the renewed push for Charter Change.
It is important for Duterte that his successor will be his ally who would protect him because by then he would no longer be immune from suits. There’s the unexplained wealth case pending before the Ombudsman. Many more cases related to the drug war and red-tagging killings are expected to be filed against him and officials involved in the operation after his term ends. And there’s the “crime against humanity” that is still being examined by the International Criminal Court in The Hague.
A non-ally successor may allow the ICC to come to the Philippines to investigate and pave the way for his and his fellow respondents like Sen. “Bato” de la Rosa and all uniformed personnel involved in the drug war and red-tagging killings to be arrested if they do not cooperate. With his over 90 percent approval rating, Duterte is the best bet to protect himself and his accomplices.
Simply put, the revival of Charter Change is an act of desperation.
