Malacañang has declined an invitation from the Senate Committee on Foreign Relations for Cabinet officials to participate in an ongoing probe on the arrest of former President Rodrigo Duterte.
In a letter dated March 31, 2025 and made public yesterday, Executive Secretary Lucas Bersamin cited concerns over executive privilege and the ongoing Supreme Court case concerning Duterte’s arrest and detention at the International Criminal Court at The Hague.
He said officials from various government agencies had already provided extensive disclosures during the committee’s previous hearing on March 20.
“Given the extensive disclosures made, we believe that further participation may no longer be necessary at this time, especially considering that the Honorable Chairperson has publicly relayed her comprehensive findings thereon,” Bersamin said.
“We believe that all matters not covered by executive privilege have already been extensively discussed,” he added.
The next Senate hearing has been scheduled on April 3, Thursday.
Committee chairperson and presidential sister Senator Imee Marcos questioned the position of the executive branch.
“It’s sad because there are still a lot of unanswered questions. I was only able to do a preliminary report,” she said.
Bersamin invoked executive privilege through Executive Order 464 and noted that four petitions related to the arrest and surrender of Duterte are pending before the Supreme Court.
“Accordingly, further discussions on the matters in the agenda of the hearing may constitute a violation of the sub judice rule, which could unduly influence the ongoing proceedings,” Bersamin said.
Senator Marcos, however, said EO 464 was not a blanket authority to allow Cabinet officials to avoid a Senate inquiry.
“ES Bersamin is a former chief justice, and he knows that executive privilege is not a blanket authority. You invoke that depending on the question fielded, one by one,” she said.
“There is no executive privilege that covers all topics,” the senator added.
Senator Marcos last week accused the administration of “glaring violations of the rights” of Duterte, insisting that the Philippine government had no legal obligation to hand him over to the ICC.
The accusations came as the senator’s panel released a preliminary report following a speedy investigation into the details surrounding Duterte’s arrest.
“The Constitutional safeguards guaranteeing liberty and due process of law were not observed. No warrant was issued by a Philippine court. The arrest did not fall within the exceptions to a warrant arrest,” Senator Marcos said.
“The Constitutional safeguards guaranteeing the liberty [and] abode were also disregarded. No court order was issued mandating that the former president be taken out of the Philippines against his will,” she added.
Senator Marcos said Duterte’s surrender to the ICC was “shameful” as she likened the country to a “failed state” where the justice system does not function.
Duterte recently marked his 80th birthday behind bars at The Hague where he stands accused of crimes against humanity of murder over his years-long campaign against drug users and dealers that rights groups said killed thousands.
His next court appearance is scheduled for September 23, 2025 for the confirmation of charges.
The ICC said in its arrest warrant there were “reasonable grounds to believe” at least 19 people had been murdered in the city by members of the “Davao Death Squad” headed by Duterte.
Additionally, based on the warrant, at least 24 people were killed by Philippines police in various locations.
Editor’s Note: This is an updated article. Originally posted with the headline “Palace: Another Senate hearing on Duterte case risks violating court process.”