By Brian Campued
A warrant of arrest cannot be served to a suspect’s legal counsel, according to the National Bureau of Investigation (NBI).
In a press conference Friday, NBI Director Melvin Matibag was asked for comment following the statement of Atty. Jimmy Bondoc, the legal counsel of Sen. Ronald “Bato” dela Rosa, saying that the International Criminal Court (ICC) arrest warrant may be served to the senator’s lawyers.
“No, because the warrant should be served personally. That is under the Rules of Court. Hindi ko alam kung saan nanggaling ’yung idea na ibigay mo sa abogado, siya magse-serve. Baka nagkaroon lang ng mix-up na ’yung subpoena, ’yung summons sa warrant,” Dir. Matibag said.
“Iba po ‘yung warrant. The warrant of arrest under the Rules of Court should be received personally by the one being arrested,” he added.
Under Section 7 of the Revised Rules of Criminal Procedure, the person to be arrested must be informed of the “cause of the arrest and the fact that a warrant has been issued for his arrest.”
This process may, however, be skipped when the person to be arrested “flees or forcibly resists before the officer has opportunity to inform him so, or when the giving of such information will imperil the arrest.”
Matibag likewise urged Sen. dela Rosa to cooperate with authorities, after the Department of Justice (DOJ) instructed the NBI and the Philippine National Police (PNP) to enforce the ICC warrant against him.
Dela Rosa, who was tagged as an “indirect co-perpetrator” in the crimes against humanity case of former President Rodrigo Duterte in the ICC, left the Senate premises in the early morning of May 14, based on CCTV footage.
“I have to appeal to Senator Bato, baka nanonood siya, eh mas maganda siguro, sumuko na lang siya. Kasing dalawang bagay naman yan eh: Arestuhin ka o sumuko ka,” Matibag said.
Matibag assured that there are dedicated teams who are tasked to search for the embattled senator.
Meanwhile, the Philippine National Police (PNP) said that tracker teams have been deployed to locate and arrest dela Rosa.
Under the PNP’s Revised Guidelines in the Arrest and Accounting of Wanted Persons, a tracker team is a police team specifically organized to arrest wanted persons.
In a statement, PNP Chief PGen. Jose Melencio Nartatez Jr. reiterated that all concerned police units must strictly observe operational procedures and respect for human rights in carrying out the arrest order.
“Our mandate is clear but I am emphasizing to our personnel that operational discipline is paramount. There will be no shortcuts and every movement will be heavily aligned with existing protocols to protect constitutional rights and maintain public trust,” Chief Nartatez Jr. said.
The Criminal Investigation and Detection Group (CIDG) confirmed that Dela Rosa is still in the Philippines, noting that once the senator has been located, authorities will enforce the warrant against him.
While already under an Immigration Lookout Bulletin Order (ILBO), which directs the Bureau of Immigration (BI) to be on the lookout for Dela Rosa, a Hold Departure Order (HDO) is needed to restrict the fugitive senator from leaving the country.
An HDO can only be issued against a person who has pending cases before a local court.
CIDG Director PMGen. Robert Alexander Morico II said that upon arrest, Sen. dela Rosa will undergo proper booking and medical procedures before being turned over to the DOJ.
The Justice Department, however, declined to discuss what its next steps would be once the senator has been turned over to them.
According to DOJ Spokesperson Atty. Polo Martinez, they cannot publicly disclose operational matters as this may “defeat the purpose of the arrest,” which is to “bring him (dela Rosa) to the ICC and exact justice.” (with reports from RR Tubice and Ryan Lesigues / PTV News)
-jpv
