DOJ chief dismisses Baste’s raps as ‘forum shopping’
Justice Secretary Jesus Crispin Remulla dismissed as “forum shopping” the kidnapping, arbitrary detention and other charges that Davao City Mayor Sebastian “Baste” Duterte filed against him on Monday, in connection with the March 11 arrest and transport of his father, former President Rodrigo Duterte, to the Netherlands.
Apart from the charges that the younger Duterte filed in the Office of the Ombudsman against Remulla and 10 other officials, lawyer Ferdinand Topacio filed another arbitrary detention complaint against Remulla also in the Ombudsman on Monday, this time in connection with the arrest last year of Topacio’s client, Lucky South 99 Corp. representative Cassandra Li Ong.
Mayor Duterte filed eight counts of kidnapping under Article 267 of the Revised Penal Code (RPC), eight counts of arbitrary detention under Article 124 of the RPC, and two counts of violating the rights of persons arrested under Republic Act No. 7438 against Remulla; his brother, Interior Secretary Jonvic Remulla; Defense Secretary Gilberto Teodoro Jr.; National Security Adviser Eduardo Año; Justice Undersecretary Nicholas Felix Ty; former Philippine National Police chiefs Rommel Marbil and Nicolas Torre III; former PNP spokesperson Brig. Gen. Jean Fajardo; Special Envoy for Transnational Crime Markus Lacanilao; Executive Director Anthony Alcantara of the Philippine Center on Transnational Crimes; and Prosecutor General Richard Anthony Fadullon of the National Prosecution Service.
They are also charged with violating the Anti-Torture Act (RA 9745), qualified direct assault under Article 148 of the RPC, expulsion under Article 127, and usurpation of judicial functions under Article 241, as well as violations of Section 3(a) and Section 3(e) of the Anti-Graft and Corrupt Practices Act (RA 3019).
Two aircraft operators and two police officers were identified as “John Doe” and “Jane Doe” in the complaint sheet, together with the owner of the private plane which transported Rodrigo Duterte to The Hague, the Netherlands, where he is detained by the International Criminal Court (ICC).
Mayor Duterte also filed, against the officials among the respondents, the administrative complaints of serious dishonesty, gross neglect of duty, grave misconduct, disloyalty to the Republic, oppression and conduct prejudicial to the best interest of the service.
Application for Ombudsman
In response to Duterte’s complaint, Remulla noted that there are already similar cases pending before the Supreme Court—a petition for certiorari questioning the ICC’s jurisdiction filed, among others, by Sen. Ronald “Bato” dela Rosa and petitions for habeas corpus filed by Mayor Duterte and his siblings Paolo and Veronica Duterte.
“So [the new complaint is] really forum shopping and it’s meant to try to shoot down my aspiration to be the Ombudsman of this country,” Remulla said in an interview with reporters.
President Marcos had appointed Deputy Ombudsman Dante Vargas as acting Ombudsman late last month, following Samuel Martires’ retirement on July 27.
Remulla said the timing of the charges against him is intended to make it “impossible” for the Judicial and Bar Council (JBC), which is evaluating applicants for the position of Ombudsman including himself, to receive the clearance he needs to qualify for the shortlist of candidates.
“That’s really how it is—it’s really an organized effort for them to shoot down my candidacy as Ombudsman,” Remulla said, adding that he will just “roll with the punches” because “the truth is on my side.”
“And I think the JBC can see through this kind of acts that is being perpetrated by the opposite political camp. They’re making it into a political spectacle which should not be because we just want to apply for an office that needs a vigorous leader,” he said.
Motion for reconsideration
Remulla has yet to secure a clearance from the Office of the Ombudsman to be considered in the shortlist.
“It was supposed to be given but Sen. (Imee) Marcos filed a motion for reconsideration,” he said, referring to the Ombudsman’s Sept. 12 dismissal of Marcos’ complaint of arbitrary detention and other charges against Remulla over the older Duterte’s arrest which the senator appealed that same day.
As for his complaint against Remulla, Topacio said the Aug. 24, 2024, arrest of Ong and Shiela Guo, sister of dismissed Bamban, Tarlac Mayor Alice Guo, upon their arrival in Manila constituted arbitrary detention. Ong had been deported by Indonesia at that time, amid a Senate investigation into Pogos (Philippine offshore gaming operators), including Lucky South 99.
Remulla’s corespondent in Topacio’s complaint is resigned National Bureau of Investigation chief Jaime Santiago. They were also accused of violation of Section 3(e) of RA 3019. —WITH A REPORT FROM INQUIRER RESEARCH
