Justice Secretary Jesus Crispin Remulla on Thursday clarified the legal basis of the arrest of former President Rodrigo Duterte.
Remulla made his explanation during the continuation of the Senate Committee on Foreign Relations’ hearing, led by Senator Imee Marcos.
“Our membership in Interpol is very important, and [Republic Act No.] 9851 is the law that really covers this situation,” he said in Filipino.
Remulla noted there is a diffusion order included such that RA 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, is applicable.
Local authorities made the arrest pursuant to the diffusion order and the warrant of arrest issued by the ICC that was given to Interpol, according to him.
He stressed that the current legal issues can only be settled by the Supreme Court (SC).
Remulla also explained that Sec. 17 of RA 9851, which discusses the jurisdiction over persons, is a “case of first impression.”
There is no record of what was right in the past, today, or tomorrow and only depends on the eyes of the law enforcer, he said.
He clarified that the warrant is issued against an individual and not against the State.
Last month, Remulla attended the first Senate hearing, where he emphasized that the Philippines belongs to a community of nations that is tried together by International Humanitarian Law (IHL) adopted by more than 150 countries.
In 2009, the Philippines enacted RA 9851, which criminalized crimes against humanity.