Press Release
March 14, 2018

Transcript of Interview of Senate Minority Leader Franklin M. Drilon

Q: On the Philippine's withdrawal from Rome Statute/ICC Treaty

SFMD: The crucial issue here is what happens to the preliminary examination and I think that was prompted the withdrawal, if I can read Malacanang. Under Article 127 of the Rome Statute, the withdrawal has no effect on the cases which were filed before the withdrawal. Under Art 127 (2), the 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.

SFMD: So that is the legal issue now: the effect of the withdrawal. The Rome Statutes so provide. This question will ultimately be decided by the court itself. Unfortunately the Senate has no say on the withdrawal. I have tried to introduce a resolution before, in February of last year, where I filed Senate Resolution 289, a resolution expressing the sense of the senate that the termination of or withdrawal from treaties and international agreements concurred in by the Senate shall be valid and effective only upon the concurrence by the Senate. I filed the resolution and it was signed by the majority of the senators; unfortunately, I think it was Senator Pacquaio who objected to it, so it was not passed. So what we did was in the individual treaties that were ratified by the Senate, individually we introduced this paragraph. Of course the Rome Statute ratification was not affected because it was ratified much earlier.

Q: Kung na-approved po ba sana yung resolution, retroactive iyon?

SFMD: It covers all resolutions and treaties that we concurred in, so that the sense of the Senate that I sought to have on the record is that all of these treaties which we ratified can be rendered ineffective only if we concurred in the withdrawal. Unfortunately that did not pass.

Q: Yung binasa ninyo, it means na tuloy pa ang investigation?

SFMD: That is the rule. The ruling as to the continuation of the investigation will be ruled upon by the court itself. I'm sure the government will assert that it is no longer bound by the statute. That is a legal issue which will now be resolved by the court.

Q: Yung preliminary investigation ba, does it mean may jurisdiction na?

SFMD: That is what Article 127 of the Rome Statues says.

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