THE six minority senators who sought to invalidate President Rodrigo Duterte's withdrawal from the International Criminal Court (ICC) have been given until Monday, September 4, to submit their position to the Supreme Court.
The senators did not show up Tuesday, August 28, for the oral arguments on the two petitions that sought to invalidate Duterte's withdrawal from the Rome Statute, the international treaty that established the ICC.
Anna Maria Corominas, counsel for the senators, submitted a manifestation that the senators were "considering what position they will take."
The six senators who filed the petition are Francis Pangilinan, Franklin Drilon, Paolo Benigno Aquino IV, Leila De Lima, Risa Hontiveros, and Antonio Trillanes IV.
The complainants in the second petition include the Philippine Coalition for the International Criminal Court (PCICC).
New Chief Justice Teresita Leonardo-de Castro set the continuation of the oral arguments for September 4, at 2 p.m.
In his opening statement, lawyer for the petitioners Romel Bagares said that the unilateral withdrawal from the Rome Statute is a "violation of the separation of powers."
Gilbert Andres, also a counsel for the petitioners, argued that the President committed grave abuse of discretion when he unilaterally withdrew from the Rome Statute.
During interpellation, the justices noted that the 1987 Constitution is silent on how a law may be repealed and that the withdrawal was done according to the rules of the ICC.
Duterte decided to withdraw from the Rome Statute on March 14 this year, about a month after ICC prosecutor Fatou Bensouda announced her decision to begin the preliminary examination of allegations of human rights violations and crimes against humanity that were lodged against Duterte.
The Philippines, however, remains a member of the ICC because withdrawal takes effect only after a year, or in March 2019.
The allegations against Duterte were contained in a communication filed by lawyer Jude Sabio in April 2017.
Additional allegations were made by Senator Antonio Trillanes IV and Magdalo Representative Gary Alejano in a supplemental communication filed in June 2017.
A third communication filed by families of victims of alleged extrajudicial killings was filed before the ICC on Tuesday, August 28. (MVI/SunStar Philippines)