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Imee Marcos recommends charges vs. DOJ and DILG's Remullas, PNP's Marbil and Torre, other top officials over Duterte's ICC arrest

Published Apr 30, 2025 12:42 am Updated Apr 30, 2025 1:08 am

Sen. Imee Marcos recommended criminal and administrative charges against several top officials amid the supposed irregularity in the arrest of former president Rodrigo Duterte and his turnover to the International Criminal Court.

In the April 29 report of the Senate Foreign Relations Committee, which Imee chairs and which held hearings into Duterte's arrest in March and April, she said the following officials must be investigated:

  • Department of Justice Sec. Jesus Crispin Remulla
  • Department of Interior and Local Government Sec. Jonvic Remulla
  • Philippine National Police Chief Rommel Marbil
  • PNP-Criminal Investigation and Detection Group Chief Nicholas Torre
  • Special Envoy on Transnational Crimes Markus Lacanilao

As stated in the document, DOJ's Remulla is possibly liable for violation of anti-graft and corrupt practices act for sanctioning/causing an invalid administrative arrest against Duterte, usurpation of judicial functions, and grave misconduct and conduct prejudicial to the best interest of public service.

Marbil is possibly liable for arbitrary detention, violation of anti-graft and corrupt practices act for inducing or persuading Torre to perform an act in violation of the law, and grave misconduct. 

DILG's Remulla, meanwhile, is possibly liable for arbitrary detention, violation of anti-graft and corrupt practices act for inducing or persuading Torre and Marbil to perform an act in violation of the law, and grave misconduct and conduct prejudicial to the best interest of public service.

Torre is possibly liable for two counts of arbitrary detention; violation of Act Defining Certain Rights of Persons Arrested, Detained, or Under Custodial Investigation for not allowing Duterte to be visited by his daughter, Vice President Sara Duterte, and for forcing his lawyers to leave him; violation of anti-graft and corrupt practices act for inducing or persuading Marbil and DILG's Remulla to perform an act in violation of the law; and grave misconduct and conduct prejudicial to the best interest of public service.

Lacanilao, meanwhile, is possibly liable for usurpation of official functions, false testimony, and conduct prejudicial to the best interest of public service.

'Politically motivated'

Imee reiterated that Duterte's arrest was "politically-motivated."

"There is a clear pattern where major political incidents precede significant statements and actions of the administration relative to the ICC," she said.

The senator noted that after Duterte began voicing criticisms against the people's initiative, a process that allows Filipinos to propose amendments to the Constitution, she said her brother, President Ferdinand "Bongbong" Marcos Jr., responded by saying the Philippines is an "open country," and that the government will only do something about the ICC if it does something illegal.

After Duterte attended the quad committee hearings in November 2024, Imee noted that the administration responded two days later, through Executive Secretary Lucas Bersamin, saying local authorities would consider cooperating with the Interpol if the ICC seeks its intervention.

Imee said that after the Iglesia ni Cristo held a peace rally on Jan. 13, the administration responded with "Oplan Tugis" or "Operation Pursuit," followed by the justice secretary's statement that the Marcos administration is open to sitting down with the ICC to discuss certain areas of cooperation.

"The arrest of FPRRD was part of a whole-of-government effort to bring down the Dutertes," she said.

She claimed the House of Representatives was already attacking Duterte as early as May 2024 by linking the extrajudicial killings to him, and expanded it the following August through the Quadcomm hearings.

In October 2024, ICC Prosecutor personnel arrived in the country, and Imee noted that with the assistance of the government, they gathered documents necessary to obtain a warrant of arrest against Duterte.

Imee also claimed that with Sara as a "threat" in the 2028 national elections, the House conducted an investigation into the Office of the Vice President's confidential funds and eventually impeached her.

Imee claimed that there's a coordinated attempt to cover-up the details and motives behind Duterte's arrest.

She called out DILG's Remulla for invoking executive privilege during an interview when he said that Duterte's arrest was a "group effort." She noted that Remulla initially dismissed it as "chismis," but when his story was supposedly falling apart, his justice secretary brother "came to the rescue with the two magic words—executive privilege."

She also noted how the officials cited the sub judice rule during the Senate committee hearing in March, claiming it prevented the committee "from fully ferreting out the truth."

Imee also cited the non-attendance of the officials in the second hearing on April 3. While they attended the third one on April 10, Imee noted they cited executive privilege rule anew, including on questions on who ordered Duterte's arrest, his transport to The Hague, and how the plane used to transport him was procured.

On whether Imee thinks Bongbong allowed Duterte's ICC arrest

In a press conference on the heels of the Senate committee report's publication, Imee was asked about his relationship with her brother Bongbong.

"I haven't seen him in ages. I'm sure he's not happy about what's happening," she said.

Asked if she thinks Bongbong allowed Duterte's arrest, she noted that DOJ's Remulla took responsibility, but noted that Cabinet officials are "alter egos" of the president.

Nevertheless, she clarified that she has never fought with her brother.

"Masamang-masama ang loob ko, ngunit, ang akin lamang, 'di kami kailanman nag-away ng aking kapatid," she said. "'Yung mga amuyong, 'yung mga lulong, 'yun. Sila ang ating kaaway."

Asked who she was referring to, Imee replied, "Abangan po ninyo."

She also reiterated that she's only after protecting the country's sovereignty. "Kailangan managot 'yung naglabag," she said. "Malinaw na ang pagsurrender ay para sa dayuhan lamang."

'Entitled to their opinion'

In an ambush interview with reporters, Bongbong was asked about his reaction to his sister Imee's statement that Duterte's arrest was part of a whole-of-government effort to bring down the Dutertes.

Bongbong made face and after a brief pause, gave a short response: "Everyone is entitled to their opinion. I disagree." He then turned his back to the reporters and walked away.

'No other option'

During the Senate committee hearing, DOJ's Remulla cited the Republic Act No. 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, as the basis for the government's move to surrender Duterte to authorities.

Section 17 states that, in the interest of justice, the "relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under this Act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime."

"Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court, if any, or to another State pursuant to the applicable extradition laws and treaties," it noted.

Remulla said they opted to surrender Duterte once he arrived from Hong Kong. He also pointed out that they did not assist the ICC—much less talk to it—in relation to its issuance of the arrest warrant, as the Philippines isn't a member-state of the tribunal anymore.

The secretary, however, noted that the ICC still runs after individuals—and not member-states—for alleged crimes. "We have to face the ICC," he noted.

Moreover, he pointed out that Duterte's arrest warrant was issued by the International Criminal Police Organization on behalf of the ICC. He noted the country's long-standing commitment to Interpol. The Philippines has been a member of Interpol since 1952.

Duterte's arrest

Duterte was arrested at the Ninoy Aquino International Airport on March 11 following a warrant of arrest issued by the ICC via the International Criminal Police Organization.

He has been accused of being an "indirect co-perpetrator for the crime against humanity of murder pursuant to Article 7 (1)(a) of the Roman Statute."

Specifically, he was allegedly involved in the murder of at least 19 persons reported to be drug pushers or thieves who were killed by members of the Davao Death Squad in various locations in or around Davao City between 2011 and 2016, as well as the murder of at least 24 alleged criminals who were killed by or under the supervision of members of the Philippines law enforcement at various locations in the country between 2016 and 2019 during his term as president.

The ICC is acting based on the principle of complementarity, which means that it only steps in if a state's courts are unwilling or unable to prosecute crimes within their jurisdiction.

Though Duterte withdrew the country's membership from the ICC in 2018, which took effect the following year, the ICC said it still has jurisdiction over crimes that happened while the Philippines was still a member-state.

Duterte arrived in The Hague in the Netherlands on March 12 to face the charges against him.

He could be the first Asian former head of state to be indicted by the ICC.

His pre-trial hearing is on Sept. 23, 2025. If the charges against him are confirmed, it could be months before the case eventually goes on trial, and years before a final judgment is rendered.