Atty. Andres explains flow of Duterte ICC trial proceedings | Morning Matters

Added: 2026-05-25

[00:00:00]And now let's talk more about this with ICC accredited lawyer and common legal representative of the victims. We have back on the show attorney Gilbert Andres. Good morning attorney. Thank thank you for being back here on the program.

[00:00:12]>> Good morning Pauline and thanks for having me.

[00:00:15]>> All right. Well attorney the ICC pro prosecution has already proposed November 30 as the start of former president Rodrigo Duterte's trial. uh per attorney tell us how realistic is this timeline given that uh there are still remaining pre-trial requirements.

[00:00:31]>> Well, it's important to also consider the prosecution's timeline because in fact the honors the duty to actually conduct the trial proceedings is with the prosecution.

[00:00:43]Now there are actually I think there are no more pre-trial issues except the application for appeal with leave but that should not stop the trial proceedings from commencing.

[00:00:58]>> Attorney what is that application um for leave tama?

[00:01:02]Well, the defense filed a appeal on the pre-trial chambers decision on the confirmation of charges, but it has to be with leave of the pre-trial chamber.

[00:01:12]So, that can actually be a matter that can be decided separate from the preparation for trial.

[00:01:21]>> Well, attorney um the defense also argues know that setting a trial date is inappropriate due to unresolved issues.

[00:01:29]Fitness to stand trial. the former president Duterte. But how significant is this argument when it comes to ICC proceedings?

[00:01:37]>> Well, in the first place, it's not a unresolved issue because it was resolved by the pre-trial chamber for purposes of pre-trial. And in fact, it's not automatic for the trial chamber to acce any defense request. It still the trial chamber still has to decide whether or not it will agree with a medical examination of the accuse. But suffice it to say that there are actually indications that the accuse is fit to stand trial because in fact he was able to decide adequately that he will change his counsel. But uh these are one of the issues that I think impinges on the commencement of the trial. Mhm. And attorney for the victims now, how important is it for the trial phase uh to begin without any delay and what do you see are the possible risks that may arise if uh the trial is postponed even further?

[00:02:36]>> Well, for the victims, they really expect that the trial will start as uh reasonably as possible. In fact, in our filings for the victims, we indicated first week of September in accordance with the right to expeditious proceedings of the victims. So remember, Pauline, they've been waiting for decades actually. So they really want this trial to proceed as reasonably as soon as possible.

[00:03:05]>> And between now and the trial, proper attorney, how are preparations going?

[00:03:11]Well, first and foremost, we're preparing for the May 27 for status conference hearing. It will be the first and in fact it will also be web streamed. So that's our preparation for now in order that we can adequately argue the views and concerns of the victims. Mhm. And attorney, uh, since the charges were already confirmed, uh, help us understand once a trial officially begins, what can the public expect in terms of a presentation of evidence, witness testimonies, and, uh, just the overall courtroom procedures?

[00:03:48]>> Well, if the trial commences, first and foremost, it will be the prosecution that will present its evidence to prove that uh, Mr. Duterte should be declared guilty. And then the prosecutor will actually give the opening statement. And then it's the duty of the prosecutor to present witnesses as well as other pieces of evidence. And then after that when the prosecution already presents its evidence, it will be the time for the common legal representative of the victims to present the evidence for the victims, the victimization, the suffered harm. And then after that it will be the part of the defense to present also their witnesses and their pieces of evidence. So that will be the the the main flow of the trial proceedings.

[00:04:43]>> And based on your estimate attorney, how long will the trial proper run for?

[00:04:50]>> Well, it's really difficult to give a a precise estimate. Of course, it's merely an estimate, but for me, my personal opinion, maybe it might take two to 3 years.

[00:05:02]>> Why did I make that number? Because in fact, in the other cases before the court that was previously decided, it's more complicated. There are 20 counts of a mixed number of international crimes, not just inter crimes against humanity, but also war crimes.

[00:05:20]But here the peculiar fact is this is only one type of an international crime crimes against humanity and three counts. So I think this will be relatively faster compared to other cases decided by the IC such as in al- Hassan. So that's why I stated two to three years.

[00:05:41]>> Oh [clears throat] but still this may drag on until 2027 or uh 2028 or 2029 attorney. Uh but now if we may uh shift topics and talk about uh Senator Bau Dear Rosa who is facing and is the subject of a standing arrest warrant from the ICC. Now um we know that the office of the solicitor general already submitted its comments to the Supreme Court on the petition filed by Senator Del Rosa for a TTRO on this warrant and in the 83page document attorney the souljen essentially asked the Supreme Court to deny uh Senator Dear Rosa's plea calling him a fugitive from justice. Um tell us attorney what is your take? What did you make of the government's position here?

[00:06:23]Well, I agree with it in substance and in principle because in fact context is important. Mr. Senator Bau de la Rosa is not just a fugitive from justice in the Philippine context is actually a fugitive from international criminal justice. Why? Because he's actually fleeing from an ICC arrest warrant. And an ICC arrest warrant is actually implementable anywhere in the world wherein the state is a party to the room statute or has a domestic domestic law that actually implements an ICC arrest warrant such as in the Philippines.

[00:07:00]>> Mhm. And do you also agree attorney um with the argument uh that the imminent danger or potential arrest within the Senate that was cited in the TTRO petition of Senator Dear Rosa no longer exists now because he already quote unquote escaped or left the Senate premises and is no longer under Senate protective custody. Therefore imminent danger site. Yes, I agree because in fact he's not anymore in the protect so-called protective custody of the of the Senate and actually he has the means actually to protect himself. In fact, he has the means to actually escape from international criminal justice.

[00:07:42]Therefore, all of the remedies that he is asking from the Supreme Court are actually mutin academic already based on my opinion.

[00:07:50]Attorney Ken, could Senator Bat de Rosa be compelled to officially uh disclose his whereabouts to or to even appear before the Supreme Court siguru to justify his need for for this uh motion for TRO?

[00:08:05]>> Well, [sighs] that's really up to the Supreme Court what will be the uh minute resolution or the uh other orders of the Supreme Court.

[00:08:16]But I think the bigger picture here is that he's actually running from international criminal justice and he's actually a fugitive from international justice and I think that should be the context that should be emphasized. Now, with that said, attorney, how crucial is it for the Supreme Court uh to issue a decision already uh on Senator Bau Dear Rosa's petition and what would the implications be if the high court continues to prolong its decision making on this uh petition?

[00:08:50]Well, it's really difficult to to paint a picture on how the Supreme Court will decide and I will just leave it to the Supreme Court. But suffice it to say that there are still pending decisions before the Supreme Court with respect to the war on drugs. For example, let me disclose that I am a council for war on drug victims who actually filed an Amparro before the Supreme Court. Last 2017, we had oral arguments. In fact, it was con consolidated with a petition that also challenged the constitutionality of the war on drugs under Mr. Duterte. And yet, it's still pending decision until now. This is year 2026.

[00:09:31]So, I don't really know how the Supreme Court will actually decide and what will be the pace of his decision.

[00:09:39]Mm-m. But even while waiting for this decision from the Supreme Court attorney, do you believe uh that law enforcement that the arrest warrant can be served uh to Senator Bau Dear Rosa?

[00:09:51]>> Yes, because in fact there's no legal impediment for law enforcement agencies to implement and arrest Senator Batau Delar Roa in the same way that Mr. Duterte was actually arrested because of an ICC arrest warrant. The case of Mr. uh Senator B de la Rosa should not be different. We should just equally apply the law. And what's the law? It's Republic Act 9851 section 17.

[00:10:21]Well, attorney, you were actually quoted know as saying that the ICC warrant against Senator Dear Rosa should not be any different from the one served against former President Rodrigo Duterte last year.

[00:10:35]Attorney, how would you describe how the executive is handling this particular arrest of Senator Dear Rosa at present?

[00:10:43]>> Well, I think the executive should be clear. It should be precise what is its legal position on the matter because there seems to be some uh doubts there seems to be some conflict and there seems to be some I don't know various voices and know the executive should give the a clear policy statement on this and in fact we have already heard it in some form from the DOJ secretar's uh press conference last Friday and with the OSG's uh comment that's also a clear statement on the legal position of the executive and maybe what I can say is that the victims are really praying before President Bongo Marcos Jr. to just implement the law RA9851 section 17 and to hear the cry for justice and truth by the victims.

[00:11:47]>> But what do you think attorney is there special treatment with Senator Dear Rosa or do you think uh the government is being extra cautious, extra careful this time around? because uh we all know that uh how the arrest of the former president transpired last year and there were several uh petitions filed uh before the Supreme Court questioning the legality of that.

[00:12:09]Well, special treatment, I think there's special treatment that was accorded by the the senators, the Senate majority because in fact there was a statement, if I'm not mistaken, by the office of the Senate sergeant-at-arms that the protective custody provided to Senator Bau was a privilege because they were justifying why did he escape, why did he exit?

[00:12:39]So they say it's a privilege. So that's very clear. If it's a privilege, then it's a special treatment on the sitting senator when in fact there is an ICCS1 that can be implemented under RA9851.

[00:12:54]As to the executive, I think the executive has not been equivocal. It's uh changing positions. That's why we're asking and pleading for the executive branch to be clear that it should implement the ICC arrest warrant based on our domestic law RA9851 and based on Philippine state practice with respect to last year's arrest of Mr. Duterte >> per attorney. How long can the government delay or wait to act on a valid arrest warrant from the ICC? I know because this was issued way back in November 2025. It's already been six months and um any active effort to actually serve this arrest warrant and if we don't surrender Senator Dear Rosa to the ICC implication um can the ICC do anything to to the Philippines?

[00:13:47]Well, the victims really hope that there's no more delay in the implementation of the ICC arrest to warrant by the executive because they've been waiting too long for truth and justice to actually start can commence with respect to the role of then chief PNP Bat Dear Rosa. Now, as to the IC's uh interaction with the Philippines, the complication is that the Philippines actually withdrew, but there's still what we call residual obligations.

[00:14:29]Article 127 statute.

[00:14:40]In the same way ICC arrest against former president and now attorney could the recent actions of Senator Bat de la Roa end up causing more damage or end up even becoming counterproductive not just for his case no but even for the case of um former president Duterte in the ICC.

[00:15:08]Well, in a sense, it provides for a larger socopolitical backdrop to the review on the continued detention of Mr. Duterte.

[00:15:19]Because actually it can be argued that if a co-conspirator or co-perpetrator named in the charges such as Senator Bau can actually escape an ICC arrest warrant then that can also be one of the modes of action of the accused Mr. Duterte. So it can actually be argued and it actually provides a bigger socopolitical backdrop to his detention review.

[00:15:50]>> And speaking of that social political backdrop attorney, uh what do the recent events say about the political power and influence that the Dutertes and their allies still wield here in the Philippines?

[00:16:04]Oh, there's still so much influence and power in fact actual power by the Dutertes because in fact the the siblings are still in position and uh the daughter is still a vice president of the Republic of the Philippines and for the victims of the war on drugs.

[00:16:41]And finally, attorney um how are the families of the victims reacting also no to Senator Del Rosa's camp insisting full due process before Senator Dear Rosa is uh surrendered to the ICC reaction and what message would they like to be amplified during in this time.

[00:17:03]>> Well, in fact, uh he's provided full due process in fact beyond what's given in the law. No.

[00:17:34]what's provided in the law extrajudicial killing executive or law enforcement agencies.

[00:17:54]All right. Well, we're going to leave that there for now. Thank you very much for your time. As always, [music] that was ICC accredited lawyer and common legal representative of the victims, attorney Gilbert Andres. Thank you, attorney. Good morning.