The Department of Justice (DOJ) will continue its preliminary investigation into an obstruction of justice complaint against Senator Robin Padilla, despite the senator’s expressed preference to have the allegations addressed before the International Criminal Court (ICC).
DOJ Undersecretary Ian Norman Dato said the department is obligated to act on the complaint filed by the Philippine National Police Criminal Investigation and Detection Group (PNP-CIDG) and give Padilla the opportunity to respond.
“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.
Padilla has been ordered to appear before the DOJ panel of prosecutors on September 25 and October 9 to submit his counter-affidavit and supporting documents.
The complaint stems from allegations that Padilla helped Senator Ronald “Bato” dela Rosa leave the Senate premises on May 14 while authorities were attempting to enforce an ICC arrest warrant against the latter. Padilla has denied helping Dela Rosa evade arrest.
Dato explained that the preliminary investigation forms part of the respondents’ right to due process, allowing them to answer the allegations and submit evidence before prosecutors determine whether there is sufficient basis to pursue a formal case.
He added that the DOJ will proceed with its own investigation regardless of where respondents would prefer to face the allegations, emphasizing that prosecutors must follow the complaint, examine the evidence and observe established legal procedures.
Padilla had previously said he would rather address the complaint before the ICC, expressing a preference for that venue over what he described as persecution by fellow Filipinos.