'Ivler's stepdad can't invoke diplomatic immunity if he faces raps'

MANILA, Philippines - Jason Aguilar Ivler’s stepfather cannot invoke diplomatic immunity if he is charged with harboring a fugitive and obstruction of justice, a senior official of the Department of Foreign Affairs (DFA) said yesterday.

The senior official, who asked not to be named, said yesterday the Asian Development Bank (ADB) must secure a certificate of immunity from the DFA before Stephen Pollard, an ADB economist, can enjoy diplomatic immunity.

“If there is already a case the ADB will go to us and secure a certificate of immunity if they think Mr. Pollard has immunity,” the official said.

“That is the rule. It will be determined by the Protocol in conjunction with the Legal Office.

“I don’t think he (Pollard) can invoke immunity. It appears that he cannot apply because this is non-work related.”

Eduardo Malaya, DFA spokesman, said diplomatic immunity cannot be invoked in non-work related acts.

“As a general proposition, a staff member of an international organization may claim immunity only for acts arising from official functions,” he said.

“Immunity will not apply to non-work related acts, especially alleged violations of law.”

Presidential chief of staff Renato Ebarle Sr. said Pollard should be declared persona non grata and charged with obstruction of justice.

Ivler has been charged with killing the Palace official’s son, Renato Victor Ebarle Jr., during a traffic altercation last November.

The DFA will look into the request of Undersecretary Ebarle to declare Pollard persona non grata, Malaya said.

On the other hand, Ann Quon, ADB Department of External Relations principal director, assured the DFA it would cooperate to resolve the case.

“The ADB wishes to inform (the public) that it has been fully cooperating with the relevant authorities in their investigation into the incident,” he said.

“ADB will continue to extend its full cooperation to the authorities with their investigation in the days ahead.” – With Ted Torres, Dino Balabo, Reinir Padua