ICC told of Cayetano, Padilla being tied to Dela Rosa ‘escape’

SENATOR RONALD “BATO” DELA ROSA COMPOSITE IMAGE FROM INQUIRER FILES

MANILA, Philippines — The International Criminal Court (ICC) has been informed of a complaint against senators and an official who are accused of helping Sen. Ronald “Bato” dela Rosa—who is wanted by the international tribunal—evade arrest last month.

Tindig Pilipinas filed the complaint on Wednesday before the Office of the Ombudsman against Senate President Alan Peter Cayetano, Sen. Robin Padilla, and suspended Senate Sergeant-at-Arms Mao Aplasca.

The group, a coalition of civil society organizations, wants the three charged with obstruction of justice under Presidential Decree No. 1829.

READ: PNP: Other raps over Senate shooting, Bato Dela Rosa escape up to DOJ

The complaint said the actions of Cayetano, Padilla, and Aplasca “appear to have obstructed, impeded, or frustrated the enforcement of legal process and the performance of legal functions.”

“We are constrained, as citizens and taxpayers, to file this complaint for Obstruction of Justice under [Presidential Decree] No. 1829,” the complaint stated.

Specifically, they said the respondents are liable under Section 1(c) of PD 1829, which prohibits “harboring” or “concealing” accused persons.

READ: CIDG: Padilla helped Dela Rosa escape, liable for ‘obstruction’

According to the complainants, the following actions constitute a violation of the provision:

• Cayetano’s move to place Dela Rosa under Senate custody

• Padilla’s act of transporting the senator away from the Senate premises; and

• Aplasca’s move to “obstruct” access of National Bureau of Investigation agents that “created an environment that enabled Senator Dela Rosa to leave the Senate premises and escape law.”

Jurisdiction

The affiants said the antigraft body has jurisdiction in the case despite Cayetano and Padilla being senators.

They noted that parliamentary immunity is only limited to speech or debate in Congress or in any committee there, as provided by Section 11, Article VI of the 1987 Constitution.

They further noted that Under Section 13, Article XI of the 1987 Constitution, the Office of the Ombudsman has the power to investigate, on its own or on complaint by any person, any act or omission of any public official, employee, office, or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient.

“Accordingly, Respondent Cayetano and Respondent Padilla cannot invoke parliamentary immunity to defeat this complaint at the outset. Their status as Senators does not shield them from investigation for acts that are not speech, debate, or legitimate legislative deliberation,” the complaint said. “Jurisdiction over this Complaint, therefore, properly pertains to the Office of the Ombudsman.”

In an interview, Tindig Pilipinas coconvener Sylvia Claudo said they have “forwarded a copy of [the] complaint to the ICC itself.”

“We are doing it just for their information,” said Kiko Aquino-Dee, coconvener and spokesperson for the coalition.

To add pressure

ICC assistant to counsel Kristina Conti told the Inquirer that transmitting the complaint has “no direct impact” on Dela Rosa’s case. But, she added, it “will help in putting pressure to make [Dela Rosa] surrender.”

Conti noted that while the crime of aiding suspects to escape is not specified under the Rome Statute’s Article 70, which enumerates six offenses against the ICC’s administration of justice, it is punishable under the Philippine law.

Under PD 1829, the act of obstructing the apprehension and prosecution of criminal offenders is punishable of up to six years in jail or a fine ranging from P1,000 to P6,000, or both.

The ICC has named Dela Rosa as one of the co-perpetrators of former President Rodrigo Duterte for crimes against humanity regarding the murders of at least 76 individuals and attempted murder of two others carried out during the drug war.

Senate standoff

The ICC has issued an arrest warrant against Dela Rosa in November last year, but it was unsealed only on May 11.

Dela Rosa resurfaced at the Senate the same day following a six-month absence from the chamber, providing the crucial 13th vote that led to Cayetano replacing Sen. Vicente “Tito” Sotto III as Senate President.

Following a standoff on May 13 between Senate security personnel and NBI agents seeking to arrest Dela Rosa, the senator left the Senate premises in the early hours of May 14 with the help of his colleague and ally, Padilla.

Dela Rosa’s whereabouts remain unknown. /cb