jayz™

[The Cocky Rocky, a ᜉᜒᜎᜒᜉᜒᜈᜓ @thecockyrocky]

REALITY CHECK 5:

DIGONG CANNOT BE EXTRADITED BACK

Former SC Justice Antonio Carpio clarifies some of the DDS' confusion.

Was there a violation of the Rome Statute when Digong was arrested by the ICC without going through a Philippine court?

No. Article 59 of the Rome Statute does require that Digong's arrest should have gone through a domestic court if the Philippines was still a State Party. Since our withdrawal from the ICC, this no longer applies. This alleged misstep in Digong's apprehension no longer exists because of his own doing.

Was Digong illegally surrendered to the Interpol?

No. Section 17 of RA 9851 states that, "in the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under this Act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime. Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court, if any, or to another State pursuant to the applicable extradition laws and treaties."

Can the Supreme Court of the Philippines compel the ICC to return Digong?

No. Even if Digong was served an ICC warrant without a counterpart warrant from a Philippine court, the Supreme Court does not have jurisdiction over the ICC nor the Netherlands to compel them to surrender Digong.

Can Digong's legal team argue that he was kidnapped and unlawfully surrendered to the ICC?

Yes. But it won't bring back Digong to the Philippines. The ICC follows a doctrine or rule that disregards the manner by which a suspect is surrendered to their jurisdiction even if this be by kidnapping. It doesn't matter to the ICC since they didn't commit the abduction. They merely received a suspect surrendered by a State.

The sound of DDS anguish continues to grow louder.

(Video credits to DZME Radyo TV)

[jayz™ @jayz101101]

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[jayz™ @jayz101101]

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[jayz™ @jayz101101]

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[jayz™ @jayz101101]

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[jayz™ @jayz101101]

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[jayz™ @jayz101101]

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[jayz™ @jayz101101]

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[jayz™ @jayz101101]

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[jayz™ @jayz101101]

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[jayz™ @jayz101101]

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[jayz™ @jayz101101]

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[jayz™ @jayz101101]

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[jayz™ @jayz101101]

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[jayz™ @jayz101101]

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[jayz™ @jayz101101]

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[jayz™ @jayz101101]

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[jayz™ @jayz101101]

They say it’s better to love than let go. But, when things are no longer working out, the most rational thing to do is acceptance and be mature about the break up.

We meet, we fall, we hurt, we break, then we became strangers once again. - https://t.co/l4nmjPRpTs Deep Thought