MANILA — Unique circumstance. That was how retired Senior Associate Justice Antonio Carpio described the case of former President Rodrigo Duterte.

Duterte was arrested by virtue of a warrant of arrest issued by the International Criminal Court (ICC) for his crimes against humanity and is now detained at Scheveningen Prison in The Hague, Netherlands.

Carpio said the ICC’s best evidence against the former president was that Philippine state authorities are “unable and unwilling to investigate and prosecute” him.

Carpio explained that Duterte, being the chief executive, had control over the government.

“Siya yung chief executive. Siya may control in the entire executive department – National Bureau of Investigation (NBI), the Department of Justice (DOJ) – are under his control. He can order them to reverse their decisions. So walang pwedeng mag-investigate sa kanya. Diyan pumasok ang ICC,” Carpio said.

“Hindi niya gagawin to tell the DOJ, NBI, the police to investigate me (Duterte). Di niya gagawin yun, siya ang boss,” Carpio said in an interview with GMA DZBB’s Double Weng sa Double B.

Carpio also said that the judiciary has to wait for a complaint to be filed before it can act.

“Ang nagpre-prepare ng complaint ay ang executive department under the full control of the president. Ano isasampa sa judiciary?“ Carpio said, adding that until now, no case has been filed against Duterte in Philippine local courts.

Carpio said that “he (Duterte) can tell the DOJ to stop investigation or reverse decision dahil under the Constitution, (the president) has control over all the executive offices. Control means you can reverse the decision of your subordinates.”

“That is why it’s a unique circumstance,” Carpio added, saying that “in effect, it reflects on our judicial system.”

“That is the best evidence sa category ng ICC, na unwilling and unable (local authorities). Up to now wala pang single criminal case filed,” Carpio emphasized.

Carpio said that cases not included in the ICC case can still be filed against Duterte.

“Pwede siya sampahan dito, maraming crimes na hindi kasama sa ICC, yun ang pwede halungkatin. Pero up to now, wala nga. Puro small-time ang nakasuhan, not the mastermind,” Carpio stressed.

As for legal remedies, Carpio said Duterte has none in the Philippines because “sa ICC na ang labanan. He can only be released or acquitted by the ICC.”

📷 Screengrab from Rody Duterte FB