Marcos’ PH roadshow and the ICC probe

If you listen closely to Justice Secretary Jesus Crispin Remulla’s strident reaction to the decision of the International Criminal Court (ICC) to resume the investigation into the killings related to Duterte’s war on drugs, he didn’t completely rule out allowing the ICC to come into the country.

“Definitely I do not welcome this move of theirs and I will not welcome them in the Philippines unless they make it clear that they will respect us in this regard,” he said in a press conference.

He added: “I will not stand for any of these antics that will question our status as a sovereign country. We will not accept that.”

Remulla knows his international law. He knows that a state’s sovereignty – the supreme right of the state to command obedience within its territory – allows it to enter into treaties. We exercised our sovereign right when we signed the Rome Statute, which established the ICC, on Dec. 28, 2000 and ratified it by the Senate on Aug. 30, 2011. Our accession to the treaty took effect on Nov. 1, 2011.
We knew the provisions in the treaty.

The Philippines’ withdrawal from the ICC initiated by former president Rodrigo Duterte took effect on March 17, 2019.

We are sure Remulla is aware of Article 127, paragraph 2 of the Rome Statute which states that a country’s withdrawal “”shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective.”

Last Jan. 26, ICC’s Pre-trial Chamber I (Court) granted Prosecutor Karim Ahmad Khan’s request to resume investigation in connection with the charge of crimes against humanity arising from the killings that happened during a specific period in Duterte’s war on drugs.

It is understandable that Remulla would be offended by the ICC’s decision and the reason that was given: it doesn’t believe the Philippine government is “undertaking relevant investigations that would warrant a deferral of the Court’s investigations on the basis of the complementarity principle.”

It means that the ICC believes that the Philippine government is “unable or unwilling” to prosecute those responsible for the killings, the estimate of which varies from the government’s number of 6,000 to the human rights groups’ more than 20,000.

In their insistence that the country’s judicial system is functioning and ICC’s probe is unwelcome, Remulla’s DOJ as well as during the term of Menardo Guevarra (now solicitor general) points to convictions of policemen involved in the 2017 killings of teenagers Kian de los Santos, Carl Arnaiz and Reynaldo de Guzman.

The ICC, however, is not easily impressed by the “deliberate focus of proceedings on low-level or marginal perpetrators.” It wants to make sure that national investigations or prosecutions focused “on those most responsible for the most serious crimes committed.”

The DOJ never investigated Duterte and the chief implementor of his bloody war-on-drugs, now Sen. Ronald Dela Rosa.

It is noted that Remulla added a conditionality in his public statement on not welcoming the ICC investigators: “… unless they make it clear that they will respect us in this regard.”

There is no reason for Remulla to be worried about it. Since the ICC does not have its own police force, it relies on the cooperation of States and international organizations to arrest and surrender the persons they are investigating.

President Ferdinand Marcos Jr. has not said anything about the latest development from the ICC. During the election campaign, he said that he would only allow ICC probers to come in as tourists.

Many things have changed since then. He is now president, made possible by an alliance with Sarah Duterte, the former president’s daughter.

In the seven months of his presidency, he has been working hard in selling the country as a stable and dynamic investment area. He has impressed the international community as a leader far decent from his predecessor.

In his speech at the 77th United Nations General Assembly last year, he declared: “We need to reaffirm the wisdom of the founders of our United Nations. This means transcending our differences and committing to ending war, upholding justice, respecting human rights, and maintaining international peace and security.”

Surely, he won’t undo all those gains by not allowing the ICC to investigate what has been an extremely traumatic experience for tens and thousands of Filipinos.

Cha-Cha revival betrays Duterte’s desperation

Listening to President Duterte say that he is not interested in staying beyond June 30, 2022 reminds us of his denials about running for president in 2016. He didn’t even file his certificate of candidacy before the deadline set by the Commission on Elections, remember? He had to go through all the drama of substitution.

The proponents behind the renewed efforts for Charter Change in both the House of Representatives and the Senate are his minions. Would anyone believe that House Speaker Lord Allan Velasco and Senators Ronald de la Rosa and Francis Tolentino would do anything as serious as changing the Constitution without their Master’s imprimatur?

While inaugurating Stage 3 of the Metro Manila Skyway last week, the President went off topic, as he always does, and talked about the revived Charter Change move:“ Kaya nga hinihingi ko … Ang Congress akala nila — talagang mga — term extension. My God! Maski ibigay mo sa akin on a silver platter, maski ibigay mo sa akin libre another 10 years, sabihin ko sa iyo, p***** i** mo, iyo na lang ‘yan, tapos na ako.”

At least he admitted that the Charter Change initiative came from him. The value of his claimed disinterest in staying beyond June 30, 2022 is as good as his denial of his unexplained millions in his BPI bank account.
Some see the renewed attempt for Charter Change in the last 18 months of the Duterte administration as a diversion from the controversial unauthorized COVID-19 vaccination of members of the Presidential Security Group.

It’s like killing an issue by resurrecting one that has long been buried.

This time Duterte might get it his way given his clout on both the legislature and judiciary.

Charter Change at this late stage of his term is a long shot for Duterte and there’s an element of desperation in its revival.

Does it have something to do with “Bong Go for President” fantasy not catching on despite extensive media campaign, including blatant use of government resources and institutions?

Duterte ruled out the probability of his daughter, Davao City Mayor Sarah Duterte-Carpio, running for president in 2022. In that same Jan. 15 speech, he said: “And my daughter inuudyok naman nila, sabi ko, ‘my daughter is not running’. I have told Inday not to run kasi naaawa ako sa dadaanan niya na dinaanan ko. Hindi ito pambabae. Alam mo, the emotional setup of a woman and a man is totally different.”

Duterte is wrong about the fitness of women to be president. There are many examples of women presidents all over the world, including the Philippines that produced two — Cory Aquino and Gloria Macapagal-Arroyo.

Duterte-Carpio, who leads in Pulse Asia’s survey of contenders in the 2022 presidential elections, has issued a statement declaring her lack of interest in the presidency. This adds fuel to the reason behind the renewed push for Charter Change.

It is important for Duterte that his successor will be his ally who would protect him because by then he would no longer be immune from suits. There’s the unexplained wealth case pending before the Ombudsman. Many more cases related to the drug war and red-tagging killings are expected to be filed against him and officials involved in the operation after his term ends. And there’s the “crime against humanity” that is still being examined by the International Criminal Court in The Hague.

A non-ally successor may allow the ICC to come to the Philippines to investigate and pave the way for his and his fellow respondents like Sen. “Bato” de la Rosa and all uniformed personnel involved in the drug war and red-tagging killings to be arrested if they do not cooperate. With his over 90 percent approval rating, Duterte is the best bet to protect himself and his accomplices.

Simply put, the revival of Charter Change is an act of desperation.

This column is also in Malaya Business Insight and VERA Files.

Duterte hints his best performance in int’l stage is yet to come

President Duterte  gives a thumbs up for his performance in 2016 Asean.

President Duterte gives a thumbs up for his performance in 2016 Asean.

President Duterte at first played coy when asked about his assessment of his debut in the international stage in the 2016 summit of the 10-country Association of Southeast Asian Nations and the 18-country East Asia Summit in Laos last week, upon his arrival from Jakarta where he proceeded after the Asean meetings saying it would be “self-serving.” But with little prodding he opened up, “I’m sure that if you’re a Filipino, you’d be proud of me.”

He said the only ones who would not be proud of what he did in Laos and Indonesia (where he proceeded for a state visit from Vientiane) are the “low-life sa press, iyong mga kolumnista, nothing is really too good to be true.”

“Pero hindi kayo napahiya (I did not embarrass you), I assure you, and everybody was clapping except for dalawa (two). But ah, bilib sila sa akin (they admired me),” he enthused. He declined to name who were the two.

Duterte was narrating the plenary session of the East Asia Summit last Thursday, Sep. 8. Participants in the East Asia Summit which follows the ASEAN summit are the 10 members of Asean namely Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam joined by dialogue partners Australia, China, Japan, India, New Zealand, Russia, South Korea, and United States.

Duterte said that he threw away his prepared speech and presented, complete with pictures, the atrocities committed by American soldiers to Filipinos during the Philippine-American war (1899–1902).

“We were warned that we were limited to a prepared speech. But (when) it was handed to me I just threw it away, and I said, ‘I’d like to say something more than myself. Since, we have been talking about human rights, then I pulled out the—look at the pit, look at the bodies crowded there, they could number 200, and one soldier was holding his rifle with his feet on the breast of a Moro. Tell me now, can anybody here in this room… I asked them, can anybody in this room tell me what human rights is all about?”

Duterte said Indonesian President Widodo approved of what he did. He said they made a thumbs up sign to each other. (WE) were shaking with joy that I decided to just talk with sense and the truth.”

Reports said at the end of the EAS session, U.S. President Barack Obama shook hands with each and every leader except Duterte.

President Duterte is welcomed by Laos President Bounnhang Vorachith.

President Duterte is welcomed by Laos President Bounnhang Vorachith.


A gushing Foreign Secretary Perfecto Yasay, Jr. described the President’s performance in 2016 Asean and EAS as “brilliant.”
This is despite the fact that Duterte and his officials spent a lot of time and efforts doing damage control for the curses he uttered against Obama in his pre-departure for Laos statement.

Even when he was in Jakarta, Duterte was still explaining to the Filipino community that he did not curse Obama. He said his statement,” Putang-ina, mumurahin kita diyan sa forum na iyan. Huwag mo akong ganunin,” did not mean he called Obama “son of a whore” as translated by international media.

His explanation is stunning, it would render you speechless. He said putang ina is like saying “son- of- a bitch” or son- of- a- gun”, not son-of a whore.

He said that was the same when he also said Putang ina mo, Pope.”

“It was not really a statement against the Pope. At itong Amerikano mahusay talaga, Americans really can spin a story. They use the predicate or the adjective that is really worst to hear…

“Iyong putang ina sa atin, they connected with the word “son of a whore.” A ‘whore’ is a very terrible thing to hear. I was talking all along in the dialect. The best combinations thereof the words, translating it to English, and they do it every day, “son of a bitch,” “son of a gun,” ‘di ba?

“Eh putang ina sa atin, sa—if the Filipinos will try to utter it we would have said, “he is a son of a bitch” and you heard of ‘son of a gun’ or ‘fuck you’. Pero it is not translated in any ordinary day and ordinary lang you say, ‘son of a whore’. Pero ginamit nila iyan, kaya siguro si... took offense. Tingnan mo mag gamit ang international press, I said ‘you better watch out.’ Pangkaraniwan sa akin—everybody man here, whether American, African or—who knows English would surely say, ‘son of a bitch,’ ‘son of a gun,’ it is not ‘son of a whore’. There’s never a translation for that, ‘di ba? “

Duterte hinted he has more to give than what he did in the Laos meeting. If it were a birthday, he said, the Asean 2016 was just a 16th birthday, not the 18th, when one makes a formal debut.

“This is just regional. You wait for international,” Duterte said.

Duterte hints his best performance in int’l stage is yet to come

President Duterte  gives a thumbs up for his performance in 2016 Asean.

President Duterte gives a thumbs up for his performance in 2016 Asean.

President Duterte at first played coy when asked about his assessment of his debut in the international stage in the 2016 summit of the 10-country Association of Southeast Asian Nations and the 18-country East Asia Summit in Laos last week, upon his arrival from Jakarta where he proceeded after the Asean meetings saying it would be “self-serving.” But with little prodding he opened up, “I’m sure that if you’re a Filipino, you’d be proud of me.”

He said the only ones who would not be proud of what he did in Laos and Indonesia (where he proceeded for a state visit from Vientiane) are the “low-life sa press, iyong mga kolumnista, nothing is really too good to be true.”

“Pero hindi kayo napahiya (I did not embarrass you), I assure you, and everybody was clapping except for dalawa (two). But ah, bilib sila sa akin (they admired me),” he enthused. He declined to name who were the two.

Duterte was narrating the plenary session of the East Asia Summit last Thursday, Sep. 8. Participants in the East Asia Summit which follows the ASEAN summit are the 10 members of Asean namely Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam joined by dialogue partners Australia, China, Japan, India, New Zealand, Russia, South Korea, and United States.

Duterte said that he threw away his prepared speech and presented, complete with pictures, the atrocities committed by American soldiers to Filipinos during the Philippine-American war (1899–1902).

“We were warned that we were limited to a prepared speech. But (when) it was handed to me I just threw it away, and I said, ‘I’d like to say something more than myself. Since, we have been talking about human rights, then I pulled out the—look at the pit, look at the bodies crowded there, they could number 200, and one soldier was holding his rifle with his feet on the breast of a Moro. Tell me now, can anybody here in this room… I asked them, can anybody in this room tell me what human rights is all about?”

Duterte said Indonesian President Widodo approved of what he did. He said they made a thumbs up sign to each other. (WE) were shaking with joy that I decided to just talk with sense and the truth.”

Reports said at the end of the EAS session, U.S. President Barack Obama shook hands with each and every leader except Duterte.

President Duterte is welcomed by Laos President Bounnhang Vorachith.

President Duterte is welcomed by Laos President Bounnhang Vorachith.


A gushing Foreign Secretary Perfecto Yasay, Jr. described the President’s performance in 2016 Asean and EAS as “brilliant.”
This is despite the fact that Duterte and his officials spent a lot of time and efforts doing damage control for the curses he uttered against Obama in his pre-departure for Laos statement.

Even when he was in Jakarta, Duterte was still explaining to the Filipino community that he did not curse Obama. He said his statement,” Putang-ina, mumurahin kita diyan sa forum na iyan. Huwag mo akong ganunin,” did not mean he called Obama “son of a whore” as translated by international media.

His explanation is stunning, it would render you speechless. He said putang ina is like saying “son- of- a bitch” or son- of- a- gun”, not son-of a whore.

He said that was the same when he also said Putang ina mo, Pope.”

“It was not really a statement against the Pope. At itong Amerikano mahusay talaga, Americans really can spin a story. They use the predicate or the adjective that is really worst to hear…

“Iyong putang ina sa atin, they connected with the word “son of a whore.” A ‘whore’ is a very terrible thing to hear. I was talking all along in the dialect. The best combinations thereof the words, translating it to English, and they do it every day, “son of a bitch,” “son of a gun,” ‘di ba?

“Eh putang ina sa atin, sa—if the Filipinos will try to utter it we would have said, “he is a son of a bitch” and you heard of ‘son of a gun’ or ‘fuck you’. Pero it is not translated in any ordinary day and ordinary lang you say, ‘son of a whore’. Pero ginamit nila iyan, kaya siguro si... took offense. Tingnan mo mag gamit ang international press, I said ‘you better watch out.’ Pangkaraniwan sa akin—everybody man here, whether American, African or—who knows English would surely say, ‘son of a bitch,’ ‘son of a gun,’ it is not ‘son of a whore’. There’s never a translation for that, ‘di ba? “

Duterte hinted he has more to give than what he did in the Laos meeting. If it were a birthday, he said, the Asean 2016 was just a 16th birthday, not the 18th, when one makes a formal debut.

“This is just regional. You wait for international,” Duterte said.

Duterte’s debut in the international stage a disaster

Duterte arrives in Asean summit venue in Vientiane, Laos. Malacanang photo.

Duterte arrives at the Asean summit venue in Vientiane, Laos. Malacanang photo.

Whatever one’s political leaning is, every Filipino wants to be proud of the President when he appears in the world stage.

He represents the Filipino people. His success is our success. His embarrassment is our embarrassment.

The 2016 Asean summit in Vientiane, Laos was President Duterte’s first official foreign trip. Standing shoulder-to-shoulder with the other world leaders, it was an opportunity for him to show the world his remarkable transition from city mayor to president of one of the Asia’s vibrant democracy.

As Philippine president, he had a prominent role in Laos Asean meeting because next year it will be the Philippines’ turn to host the summit of the 10-country regional grouping to be followed by meeting of leaders of ASEAN’s 10 dialogue partners which include China, Japan, South Korea , and the United States.

But he wasted that opportunity by his offensive remarks made on the eve of the summit directed to the leader of the world’s superpower whom he had not yet met in person and had not said anything bad about him.

The regrettable thing about it is that, those disgusting remarks were not warranted.

The question by Reuters’ Jerome Morales was hardly provocative. He merely asked: “Sir, there have been concerns on extrajudicial killings, sir, and you will meet leaders. Any line of communication that we have prepared to address this issue in front of other foreign leaders?”
Duterte asked if it’s about extrajudicial killings and Morales replied in the affirmative adding “human rights.”

Duterte asked, “To whom shall I address myself to and who will be asking the questions, may I know?

Morales replied, “Like Obama, sir.”

What got  into him? Pres. Duterte  curses Obama in a press conference before he left for the Asean 2016 summit in Laos.

What got into him? Pres. Duterte curses Obama in a press conference before he left for the Asean 2016 summit in Laos.


Duterte got fired up and launched a lecture on the Philippines no longer a colony of the U.S. “I do not respond to anybody but to the people of the Republic of the Philippines. Wala akong pakialam sa kanya. Who is he? “

He went on and on, cursing: “Putang-ina, mumurahin kita diyan sa forum na iyan. Huwag mo akong ganunin. Tell that to everybody.”

He threatened to kick Obama and invited journalsits to join him in Laos so they would see him do it in front of them: “Hindi ako bilib diyan sa America. Gusto mo sipain ko pa iyan sa harap mo eh. Pumunta kayo doon.”

He said he will not discuss with other leaders in Laos the state of lawlessness, which he declared following the night market bombing in Davao Friday night.

“I will not discuss it with them…It’s an internal affair which nobody but nobody should interfere including the so-called judicial killing of the drug lords and the apparatus/members of the drug syndicates,” he said.

Duterte also said he did not want “to pick a quarrel with Obama.”

“But certainly, I would not appear to be beholden to anybody. I only am answerable, again, to the Filipino people who elected me as President. Period. Nobody but nobody should interfere. This is an independent country, nobody has the right to lecture on me. God, do not do it. “

He warned: “Magkababuyan tayo doon ‘pagginawa mo sa akin iyan.”

U.S. President Barack Obama walks to honour guard during a welcoming ceremony at the Presidential Palace in Vientiane, Laos September 6, 2016. REUTERS/Jorge Silva.

U.S. President Barack Obama walks to honour guard during a welcoming ceremony at the Presidential Palace in Vientiane, Laos September 6, 2016. REUTERS/Jorge Silva.

After the White House cancelled the meeting with him Duterte, issued a statement read by Presidential Spokesman Ernesto Abella. It read: “While the immediate cause was my strong comments to certain press questions that elicited concern and distress, we also regret it came across as a personal attack on the US President.”

He said his primary intention in his statements was “ to chart an independent foreign policy while promoting closer ties with all nations, especially the US with which we have a had a long standing partnership.”

An independent foreign policy is enshrined in the Constitution. Everybody is behind the President in implementing it. And it is best done with civility. The Filipino people are not “bastos.”

It’s a pity that Duterte’s idol, Russian President Vladimir Putin was not the one who represented Russia in the Laos summit. Duterte was scheduled to meet with Russian Prime Minister Dmitry Medvedev.

Duterte might learn from one of the quotes attributed to Putin: “When people cross the boundary of good manners, this attests to their weakness not their strength.”