Sen. Robinhood “Robin” Padilla could lose his opportunity to present a defense in the preliminary investigation into an obstruction of justice complaint if he fails to attend the proceedings next week, the Department of Justice (DOJ) said Thursday.
Justice Undersecretary Ian Dato said Padilla’s failure to appear would be treated as a waiver of his right to present a defense, leaving the DOJ to resolve the case based on the evidence already on record.
“Failure to appear will be considered a waiver of the right to present a defense and the case will be resolved based on the evidence on record,” Dato told reporters during a press briefing.
The case stems from allegations that Padilla helped Sen. Ronald “Bato” Dela Rosa evade arrest when law enforcers attempted to serve an arrest warrant issued by the International Criminal Court (ICC) in May.
Dato clarified that the subpoena issued to Padilla does not mean the DOJ has already determined that he is guilty.
“The issuance of a subpoena is not a finding of guilt. This is the preliminary investigation stage where respondents are given the full opportunity to answer the allegations before any finding of a prima facie case is made,” he said.
Padilla has admitted that Dela Rosa left the Senate building with him after Dela Rosa learned that law enforcers were attempting to serve the ICC warrant.
Dela Rosa was able to avoid arrest in the early morning of May 14. The ICC warrant was issued over his alleged role in the deadly campaign against illegal drugs during the administration of former President Rodrigo Roa Duterte.
Dela Rosa served as chief of the Philippine National Police during Duterte’s administration.
Duterte is facing three counts of crimes against humanity before the ICC in connection with his anti-illegal drugs campaign during his time as Davao City mayor and later as Philippine president.
The DOJ said the preliminary investigation is intended to give respondents an opportunity to respond to allegations and submit evidence before prosecutors determine whether a prima facie case exists.
“We’re duty-bound, as soon as we receive any complaint, to request any respondent to appear before us to submit their counter-affidavits and their supporting evidence via a subpoena,” Dato said.
Comments