DAVAO CITY – Acting Mayor Sebastian Duterte filed on Monday filed multiple criminal and administrative complaints against several cabinet members as well as current and former police officials in connection with the arrest and turnover of former President Rodrigo R. Duterte to the International Criminal Court (ICC) last March 11.
The complaint, lodged at the Office of the Ombudsman for Mindanao in Davao City at 8:55 AM, was filed by lawyers Israelito Torreon, Leo Delgra, Dinah Fuentes, and Martin Delgra.
Davao City’s acting mayor did not accompany his lawyers.
The affidavit-complaint alleges eight counts of kidnapping; eight counts of arbitrary detention; violation of Section 14 in relation to Section 12 of Republic Act No. 9745 or the Anti-Torture Act of 200; Qualified Direct Assault; Expulsion; violation of Section 4 of R.A. No. 7438, a law defining the rights of persons under custodial investigation; Usurpation of Judicial Functions; and violation of Sec. 3(a) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act.
Named subjects of the complaint are: Interior and Local Government Secretary Juan Victor “Jonvic” Remulla, National Defense Secretary Gilbert Teodoro, National Security Adviser Eduardo Año, Justice Secretary Jesus Crispin Remulla, former Philippine National Police (PNP) chief Rommel L. Francisco Marbil, his successor, Nicolas Torre III, and former PNP spokesperson PBGen. Jean Fajardo; undersecretary Nicholas Felix L. Ty, Ambassador Markus V. Lacanilao, Executive Director of the Philippine Center on Transnational Crimes Anthony D. Alcantara, and Prosecutor General Richard Anthony Fadullon.
Aside from these charges, Sebastian, the youngest son of Duterte with ex-wife Elizabeth Zimmerman, believes that there is substantial evidence to hold the accused administratively liable for serious dishonesty, gross neglect of duty, grave misconduct, disloyalty to the Republic of the Philippines and to the Filipino people, grave abuse of abuse of authority, and conduct prejudicial to the best interest of the service.
In a statement on March 12, the ICC’s Pre-Trial Chamber I found reasonable grounds to believe that the former President, jointly with and through other persons, agreed “to kill individuals they identified as suspected criminals or persons having criminal propensities, including but not limited to drug offenders, initially in Davao and subsequently throughout the country.”
The Chamber found that there was an attack directed against a civilian population under an organizational policy while Duterte was the head of the Davao Death Squad (DDS), and under a State policy while he was the President of the Philippines.
Duterte was arrested on March 11 upon arrival at the Ninoy Aquino International Airport from Hong Kong, was detained at Villamor Airbase, and shipped out of the Philippines on the same day.
Last March 14, Duterte made an initial appearance before the ICC. The ICC set the confirmation of charges hearing for September 23 this year but announced last September 8 that it had postponed the commencement of the confirmation hearing following the request from Duterte’s legal team for an indefinite adjournment of the proceedings, alleging that he is “not fit to stand trial.”
It said that the majority of the ICC’s Pre-Trial Chamber I considered “that a limited postponement of the hearing on the confirmation of charges was warranted to allow sufficient time to adjudicate the request and related matters.”
“The Chamber will, if applicable, set a specific date once it has addressed such outstanding matters,” it added. (Antonio L. Colina IV)
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