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NewsTranscript
00:00We hope that the former President Rodrigo Duterte will return to the country.
00:04We will talk to UP Law Assistant Professor and former Speaker of the Supreme Court,
00:08Atty. Theodore Te. Good morning and welcome to Balitang Hali.
00:14Good morning, Raffy.
00:15Yes. The Supreme Court did not issue a TRO for the petition of the former President Duterte.
00:21What does it mean when you say,
00:23failed to establish clear and the unmistakable right for the immediate issuance of a TRO?
00:29To put it simply, Raffy, what the Supreme Court is saying here is that there is no basis to issue a TRO.
00:36What the TRO means is that it is an easy relief.
00:41It means that it is based on the so-called urgency,
00:46that there is a need to prohibit one thing,
00:54in this case, the arrest and transfer of him to Hague.
00:59And what the Supreme Court is saying here is that the petitioners did not issue
01:07in their application for TRO, the need for the Supreme Court to enter.
01:13But what the Supreme Court said here in the petitions,
01:18it is asking for an answer.
01:20So it means that in other aspects of the petition that is not related to the TRO,
01:27the Supreme Court can still see what the answer of the petitioners is.
01:36But realistically, will the TRO be able to issue yesterday
01:40and will it be able to stop his departure through the TRO from the Supreme Court?
01:45Well, that issue is a mutant academic, Raffy, because the Supreme Court already denied it.
01:50So it means that they were able to discuss it and what they said is that they did not see a basis.
01:56But how important is it that this can be discussed even in other countries where the President
02:00will not be able to return by virtue of a TRO?
02:02How important is it that this can be determined and discussed in the court?
02:07That depends on the view of the Supreme Court regarding the petitions that were filed.
02:15As far as I understand, there are three petitions filed by the Supreme Court.
02:23The two petitions were filed by the children of Mr. Duterte.
02:29This is for Javier Scorpus.
02:32And the third petition, I think this is the petition filed by Senator De La Rosa
02:38in his own interest and in the interest of Mr. Duterte.
02:46And this is where the TRO asked for.
02:51So when the Supreme Court saw this, based on the answer of the Solicitor General,
03:00that there is an issue that they need to discuss, the Supreme Court can discuss it.
03:06But we cannot put the Supreme Court first on what they want to do with the three petitions.
03:13So what we can say now is that the Supreme Court is asking for the three petitions.
03:21Maybe what I'm pointing out is that this can be preceded.
03:24If this case is discussed in the Supreme Court,
03:27if there is a case like this, this case can be cited.
03:30In any case, the writ of Javier Scorpus...
03:32We don't know. We don't know, Raffy. Let's see.
03:34The writ of Javier Scorpus, if the Supreme Court issued it,
03:37how will it be? The former President is in other countries.
03:40Do you still have a holding or will this be enforced?
03:43Again, this is part of the discussion of the Supreme Court.
03:49I don't want to put the Supreme Court first, Raffy.
03:51Now, the three cases are sub judice.
03:53I cannot discuss what they should do.
03:57Maybe the Supreme Court will discuss the practicality of issuing a remedy.
04:04We know that the Supreme Court is also a practical court.
04:09If it will issue relief, it will also look into whether the orders issued will help or not.
04:18They will discuss the practicality of what will happen if they issue an order and whether their order can be enforced.
04:31So, it can be part of the discussion of the Supreme Court.
04:35If possible, please explain how far the Supreme Court can intervene in the investigation of the ICC.
04:41Can the SC order the ICC?
04:44If they have a decision, can the ICC enforce and listen to it?
04:49The Supreme Court and the ICC are two different courts.
04:54We know that the ICC created the Rome Statute.
04:59And the Supreme Court, if we look at it under the Constitution,
05:05is the highest court in the Republic of the Philippines.
05:09The ICC is not a court that is included in the judicial department of the Philippines.
05:19So, they are separate.
05:21So, the two courts have no connection.
05:24What can you say to the supporters of the former President,
05:27that there is an eroding judicial system in the Philippines,
05:31and the ICC will only enter here if the judicial system is not working.
05:35What can you say to that?
05:37They have been talking about it for a long time.
05:40They can erase it under the Rome Statute.
05:44This is an issue about admissibility rather than jurisdiction,
05:49the long debated complementarity principle.
05:52They can show, if they want, that the country has the ability and interest to punish Mr. Duterte
06:03regarding similar offenses.
06:06Again, the lawyers of President Duterte know that this is an issue of admissibility,
06:15not an issue of jurisdiction.
06:17It has not been erased regarding President Duterte himself.
06:25It was erased by the Solicitor General for the country.
06:32He is questioning in principle.
06:34The ICC is ruling and the ICC is saying that the investigation can continue.
06:42Now, because President Duterte has been arrested and is now in jail,
06:49this is the first time that President Duterte will deny that argument because he is already there.
06:58Under the Rome Statute, he has the right to deny that argument.
07:03It depends if the ICC will allow his argument.
07:09Another big issue is the relationship between the ICC and the Interpol.
07:13The warrants were denied to the Interpol, but it came from the ICC.
07:16We cannot deny that.
07:17Did the government follow the right process when it came to this?
07:21The Interpol has a connection to the ICC because it serves their processes.
07:30They have a relationship.
07:31We have a relationship with the Interpol.
07:34I will just leave it there because I think it's not a big issue.
07:40It's clear that we have a relationship with the Interpol.
07:45If the Interpol comes in, that's their job.
07:50I will just leave it there.
07:52Thank you very much for the clarification.
07:54Because when it comes to social media, a lot of people will be good when it comes to legalities.
07:59Thank you very much, Atty. Theodore Tena, UP College of Law, and former spokesman of the Supreme Court.
08:05You're welcome, Raffy. Thank you.