DAVAO CITY (MindaNews / 19 September) – The legal team of Acting Mayor Sebastian Z. Duterte asked the Office of the Ombudsman to hear in “proper and just manner” the multiple criminal and administrative complaints filed last September 15 against top government and police officials in connection with the arrest and surrender of former President Rodrigo Duterte to the International Criminal Court last March 11.
In a statement released to the media via Viber on Thursday, Atty. Israelito Torreon, one of Sebastian’s counsels, said the Ombudsman is expected to adhere to its own procedural rules in handling the complaints filed against several cabinet members as well as current and former police officials.
“With this, we place our greatest faith in the Office of the Ombudsman to proceed with this case in the proper and just manner, as so provided by its own procedural rules,” he said.
Torreon said his office received an official response from the Office of the Deputy Ombudsman for Mindanao that the complaint was officially docketed as OMB-M-C-SEP-0413 for the criminal charges and OMB-M-A-SEP-25-0496 for the administrative charges.
But Torreon lamented the issuance of a memorandum dated September 16 by Acting Ombudsman Dante Vargas, directing the transfer of the entire records to the Central Office, instead of following its own procedural rules after the docketing of the criminal and administrative cases.
Last Wednesday, Torreon filed an urgent omnibus motion requesting the inhibition of Vargas from the case over concerns on partiality. The legal team also requested that the proceedings be conducted in Davao City.
He explained that the agency should have ordered the respondents to submit subpoenas and counter-affidavits in criminal and administrative cases.
For the criminal aspect, Torreon said the agency should issue an order or subpoena requiring the respondents to submit within 10 days “within which to file their counter-affidavits and controverting evidence, to which the complainant may file reply-affidavits within 10 days from service of the counter-affidavit.”
He added that for the administrative aspect, the agency shall issue an order directing the submission by the respondents of their counter-affidavits and other evidence in support of their defense, within 10 days from receipt thereof, and the complainant may file his reply-affidavit within 10 days from receipt of the counter-affidavit of the respondents.
The affidavit-complaints were filed by Sebastian’s lawyers, Torreon, Leo Delgra, Dinah Fuentes, and Martin Delgra, at the Office of the Deputy Ombudsman for Mindanao in Davao City last September 15.
The affidavit-complaint alleges eight counts of kidnapping; eight counts of arbitrary detention; violation of Section 14 in relation to Section 12 of Republic Act No. 9745 or the Anti-Torture Act of 2009; qualified direct assault; expulsion; violation of Section 4 of R.A. No. 7438, a law defining the rights of persons under custodial investigation; usurpation of judicial functions; and violation of Sec. 3(a) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act.
Named subjects of the complaint are: Interior and Local Government Secretary Juan Victor “Jonvic” Remulla, National Defense Secretary Gilbert Teodoro, National Security Adviser Eduardo Año, Justice Secretary Jesus Crispin Remulla, former Philippine National Police (PNP) chief Rommel L. Francisco Marbil, his successor, Nicolas Torre III, and former PNP spokesperson BGen. Jean Fajardo; Undersecretary Nicholas Felix L. Ty, Ambassador Markus V. Lacanilao, Executive Director of the Philippine Center on Transnational Crimes Anthony D. Alcantara, and Prosecutor General Richard Anthony Fadullon. (Antonio L. Colina IV/MindaNews)
