Cayetano: ICC warrant should be presented before PH judge — ANC

[0:00] The newspaper accounts has said that the CIDG issued a subpoena to Senator Bato on issues of extrajudicial killing. [0:20] Mr. President, if that is a fact, then an impending case, a domestic case, is yet to be lodged against the senator. [0:31] And therefore, with much reason that the ICC cannot do anything because the case is already actively being pursued domestically. [0:44] Meaning to say it is within the ambit of our local jurisdiction. [0:50] And considering that the ICC's core framework rests on the principle of complementarity, [0:59] it is with much reason that the ICC has nothing or has anything to do with this because our domestic law has acquired jurisdiction already. [1:12] Thank you, Mr. President. [1:13] That's correct, Senator Mercoleta. [1:15] In fact, many members put on record when we passed that resolution that while the Philippine Constitutional is operational, [1:23] the warrant of arrest has to be issued by a Philippine judge. [1:28] It has to be from the judicial authority. [1:32] So if they can show a foreign warrant, it still should be presented before a Philippine judge. [1:38] And the Philippine judge has to still use the same parameters or requirements by the Philippine Constitution [1:45] as to personal knowledge as to the quality of the evidence or the quantum of evidence needed in order to justify a warrant of arrest. [2:00] So we have two choices, whether to refer to the Committee on Rules since it affects the privileges and the rights of every senator, [2:09] or we can refer it to the Committee on Public Order. [2:14] However, there is still no chairman yet unless the acting majority leader wants to nominate Senator Bato as the chairman of the Committee on Public Order. [2:25] The chair will wait for a... [2:27] I don't see anyone objecting, Mr. President. [2:34] With that, Mr. President, this representation would like to nominate the first chairperson of the new Senate Committee on Public Order, [2:52] and that would be Senator Ronald Bato de la Rosa. [2:55] So moved, Mr. President. [2:56] There's no objection. [2:57] He's so elected. [3:00] And maybe, just for the record, no, no senator was allowed to be arrested ever inside the Senate premises. [3:13] And really, Estrada, Revilla, I think Trillanes, apat na yun. [3:28] So kung si Layla, delima na yun. [3:32] Never been allowed arrested. [3:35] And there's always been coordination with the office of the Senate President. [3:40] So, Senator Marcoleta brought up two issues, the NBI and the CIDG. [3:45] So, we're referring it to both the Committee on Rules and the Committee on Public Order. [3:51] Mag-usap na lang yung dalawang chairman so that we can get to the bottom of this. [4:07] That was Senate President Alan Peter Cayetano reacting to the manifestation of Senator Marcoleta. [4:13] Marcoleta earlier talked about having the Senate resist attempts to arrest Senator Bato de la Rosa, [4:19] and he be placed under the custody of the Senate. [4:22] He also decried the actions made against a fellow senator. [4:25] He had that motion to have it investigated, [4:29] and that motion should be referred to either or both the Committee on Rules and Public Order. [4:36] But since the seats, the positions in the Senate are still mostly vacant, [4:44] they had to vote for the new head of the Committee on Public Order. [4:50] And with no one disagreeing with it, [4:56] they have elected Senator Ronald de la Rosa as the new chair of the Committee on Public Order. [5:03] Senator Cayetano says he wants to get all the facts first so they can act accordingly. [5:10] He's contemplating writing a letter to the NBI director to ask what was their mission, [5:15] why were they there, and under what authority. [5:19] And if it was indeed an arrest warrant, [5:22] he says any warrant should be presented to a Philippine judge first, [5:26] and that the judge has to approve of it. [5:29] Senator, Senate President Cayetano also saying that no senator was allowed to be arrested [5:35] inside the premises of the upper chamber. [5:39] Mimi, tell us what happened earlier. [5:40] Well, Senator Mark Coletta did raise an interesting point. [5:44] He did say if newspaper accounts were true that the CIDG has already issued a subpoena [5:49] for Senator Bato in relation to extrajudicial killings, [5:53] if that is a fact indeed, he says, [5:55] then an impending case or a domestic case is yet to be lodged against the senator. [6:01] If it's already being pursued, [6:03] if the case is already active and being pursued domestically [6:06] within the ambit of our government's jurisdiction, [6:08] then the ICC can no longer do anything [6:11] because the ICC's core framework rests on the principle of complementarity. [6:15] So, much reason that the ICC will have nothing to do with this [6:20] because domestic law has already acquired jurisdictions. [6:23] We have Victoria Tulad now on the line to give us an update. [6:26] Victoria, go ahead. [6:27] We were able to talk to former Senator Antonio Tulianes IV, [6:33] and he claims that he has a copy of the warrant of arrest [6:36] of the International Criminal Court against Senator Ronald Bato de la Rosa. [6:40] He flashed it to the media. [6:42] He showed a copy of the alleged ICC warrant earlier, [6:45] but we weren't able to actually see it. [6:48] We weren't able to read through it. [6:50] He just said that he has it in his hands. [6:53] And he also said earlier that he is at the Senate [6:56] because he was requested, [6:59] allegedly requested by Senator Ronald de la Rosa [7:01] to accompany the NBI or the authorities [7:03] in serving the warrant against him. [7:06] He also said in Filipino, [7:08] na hindi natin palalabasin si Bato, [7:11] which means probably that they will not allow de la Rosa [7:14] to leave the Senate without the alleged warrant being served against him. [7:19] So at the moment, de la Rosa or Trillanes [7:22] entered one of the rooms here in the Senate, [7:24] which we do not have access to. [7:26] The Senate session is currently suspended, [7:29] and they were earlier talking about making Trillanes [7:34] and the other personnel or staff from the NBI [7:38] leave the Senate premises. [7:39] Senator Bato de la Rosa was requesting the body [7:42] to do that because he was allegedly being harassed [7:46] by Trillanes and the NBI. [7:49] Duly elected, Senate President Alan Peter Cayetano [7:52] ordered the Senate Sergeant-at-Arms [7:54] to do a quick investigation to review the footage, [7:58] the CCTV footage, [7:59] and to see if Senator de la Rosa was indeed harassed [8:02] by the NBI personnel, by Trillanes, [8:05] and he ordered the Senate Sergeant-at-Arms [8:07] to produce a report in 30 to 45 minutes. [8:10] So we are still awaiting the decision of the body [8:13] if they will make the NBI staff, NBI agents, [8:17] and Trillanes leave the Senate premises [8:20] because the session is currently suspended. [8:25] Victoria, did the former Senator Trillanes [8:28] explain why he was the one holding the warrant [8:31] and showing it to the media? [8:33] Why not the NBI CIDG presenting it to the body [8:38] or the Senate President? [8:41] I was able to see the agent here [8:44] at the second floor, Ron. [8:45] Trillanes just said that he is here [8:47] because he was requested by Senator de la Rosa. [8:51] I think he was challenged by de la Rosa [8:53] to serve the warrant of arrest [8:56] to accompany the NBI agents [8:57] in serving the warrant of arrest against him, [8:59] which is why he is here, Ron. [9:01] Where is Senator Antonio Trillanes now? [9:05] We heard Senate President Cayetano saying [9:07] that all those with no business there [9:09] should be escorted out of the premises [9:13] except for those who may have been involved [9:16] in the alleged harassment of Senator Ronald de la Rosa. [9:22] Where is former Senator Trillanes now? [9:24] If I'm not mistaken, [9:26] former Senator Trillanes is now at the Senate's lounge. [9:29] The members of the security of the Senate [9:34] did not allow us to have access to that room.