Atty. Sonny Matula

Hindi po ito usaping “ipokrito”, “walang paggalang sa judicial process” o “walang pakialam sa constitution”. Ang tunay na paggalang sa Constitution ay hindi pagtatago sa likod ng teknikalidad kapag usapin na ay crimes against humanity. Ang 1987 Constitution mismo, sa Article II, Section 2, ay nagsasabing ang generally accepted principles of international law ay bahagi ng batas ng Pilipinas. At kinilala pa ito ng Congress sa pamamagitan ng Republic Act No. 9851 (Philippine International Humanitarian Law of 2009).

The ICC is not a barangay tanod of The Hague. It is a court created by treaty, the Rome Statute, and its lawful processes deserve respect. In fact, former UP College of Law Dean Raul Pangalangan, who later became an ICC judge, and former UP Law Dean Merlin Magallona were among the Filipino legal minds associated with the drafting and development of the Rome Statute. The Rome Statute is applicable to the Philippines from 2011 until the country’s withdrawal took effect in 2019. Even after withdrawal, the Supreme Court in Pangilinan v. Cayetano, G.R. No. 238875, March 16, 2021, recognized that the Philippines remained bound by obligations incurred while it was still a State Party. Under Article II, Section 2 of the Constitution, the Philippines adopts generally accepted principles of international law as part of the law of the land. Thus, if there is a valid ICC warrant, the issue is not whether the Senate likes it. The issue is whether the rule of law will be honored. Senate walls cannot be turned into a legal safe house. Public office is not a bunker against accountability.

The ICC is not a barangay tanod of The Hague. It is a court created by treaty, the Rome Statute, and its lawful processes deserve respect. In fact, former UP College of Law Dean Raul Pangalangan, who later became an ICC judge, and former UP Law Dean Merlin Magallona were among the Filipino legal minds associated with the drafting and development of the Rome Statute. The Rome Statute is applicable to the Philippines from 2011 until the country’s withdrawal took effect in 2019. Even after withdrawal, the Supreme Court in Pangilinan v. Cayetano, G.R. No. 238875, March 16, 2021, recognized that the Philippines remained bound by obligations incurred while it was still a State Party. Under Article II, Section 2 of the Constitution, the Philippines adopts generally accepted principles of international law as part of the law of the land. Thus, if there is a valid ICC warrant, the issue is not whether the Senate likes it. The issue is whether the rule of law will be honored. Senate walls cannot be turned into a legal safe house. Public office is not a bunker against accountability.