MANILA — Sen. Francis Tolentino will serve as Sen. Ronald "Bato" dela Rosa's legal counsel in the International Criminal Court's (ICC) investigation into the war on drugs of the Duterte administration.
Tolentino disclosed this to journalists Wednesday, a day after the ICC junked the Philippine government's appeal for the body to suspend its drug war and alleged Davao Death Squad investigation while the tribunal hears its appeal against the investigation's resumption.
"I accept the letter of proposal of Senator Dela Rosa to lawyer for him. I'm now speaking as a counsel of Senator Dela Rosa," Tolentino, who holds three Master of Laws degrees, said.
Tolentino said he will also be willing to do the same for former president Rodrigo Duterte who faces the ICC case with Dela Rosa.
"Hindi pa kami nag-u-usap pero kung gusto niya (Duterte)," the senator said.
(We haven't talked yet but if he wants to.)
Tolentino said that aside from processing his documents as a law practitioner, he will also write to Senate President Juan Miguel Zubiri on Monday and ask that he be allowed to practice law while regularly performing his role as a senator.
Asked what advice he would give to Dela Rosa as his counsel, Tolentino said: "Stay put. And then, if there is an administrative or a quasi-judicial body seeking documents or asking for his testimony, we will submit."
"Sa Pilipinas 'yon e dito dapat mag-imbestiga 'di dapat sa The Netherlands or the Hague," Tolentino said.
(It should be investigated in the Philippines, not in The Netherlands or The Hague.)
And in any investigation, it should be the Philippine Constitution that must be followed, he added.
Asked what would be the extent of his role as Dela Rosa’s counsel, Tolentino said: "Let’s see the processes. My role there would be to ensure the protection of Senator Dela Rosa not just within the confines of the ICC because we are claiming that they don’t have jurisdiction but even locally."
The senator, meanwhile, urged the Office of the Solicitor General to heed the directive of the President to “disengage” from ICC.
"I would advise the OSG to follow the advice likewise the order of the president that we should now, the executive department should disengage. Disengage would mean di na tayo makikipag-communiate, di na tayo magfa-file ng MR (motion for reconsideration)," Tolentino said.
"Ako nga, I’m moving for a more extreme measure since this is now an order coming from the Chief Executive, the Bureau of Immigration should likewise follow. Alam naman natin kung sinong pupunta ditong mga prosecutors na mag-i-imbestiga, do not allow entry. Dito pa lang sa airport," he said.
(As for me, I'm pushing for a more extreme measure since this is now an order coming from the Chief Executive, the Bureau of Immigration should likewise follow. We know who the prosecutors are going to investigate, do not allow entry. Just here at the airport.)
SENATE HEARING ON ICC
Tolentino expressed his intention to call a public hearing in relation to Senate Resolution 488 filed by Duterte’s ally, Senator Robin Padilla.
Resolution 488 states "in defense of former President Rodrigo Roa Duterte, the 16th President of the Republic of the Philippines, against the investigation or prosecution by the International Criminal Court."
"The senate there will be a resolution expressing the sense of the Senate because the Senate was the body which ratified which concurred in this Rome Statute di ba?" he said.
From Tolentino's end, part of the plan is to invite the ICC, specifically Prosecutor Karim Khan who is handling the drug war probe.
"With all due respect kahit Zoom na kung sakali. Kung sakali but I still have to study the need for the other resource persons. I'm thinking of having a resource person coming from the ICC itself," Tolentino said.
(With all due respect, even Zoom just in case. If so, but I still have to study the need for the other resource persons. I'm thinking of having a resource person coming from the ICC itself.)
"Kung papayag sila kahit Zoom sila para ipaliwanag nila 'yung hinhingi nila na bakit daw hindi napaliwanag ng Solicitor General—of course the SolGen will be there but I would want to have Mr khan explain the reason why they insisted that the pleading filed by the OSG was not complete, was not conclusive enough," Tolentino said.
(If they agree, even via Zoom we'll explain what they are asking for, why the Solicitor General did not explain—of course the SolGen will be there but I would want to have Mr. Khan explain the reason why they insisted that the pleading filed by the OSG was not complete, was not conclusive enough.)
Before Tolentino’s interview, Padilla also brushed aside the ICC’s junking of the Philippine government’s appeal on the war on drugs case.
"Nahihilo na ata ang ICC. Wala silang kapangyarihan para ipilit ang sarili nila sa soberenya ng Inangbayan Pilipinas," Padilla, in a text message, said.
(The ICC seems dizzy. They do not have the power to impose themselves on the sovereignty of Inangbayan Pilipinas.)