SC: ICC arguments may be presented by De Lima's co-petitioners

MANILA, Philippines — The Supreme Court said that it did not see why Sen. Leila de Lima must solely present her colleagues’ arguments challenging the executive branch’s withdrawal from the international tribunal.

The SC stressed that De Lima did not file the petition by herself, but she was joined by five of her colleagues.

“Absent a specific allegation on Sen. De Lima’s exclusive competence on the subject of their Petition, it is reasonable to assume that the other senator-lawyers joining her as petitioners are equally capable of skillfully and zealously arguing before this Court,” the SC said.

Sens. De Lima, Francis Pangilinan, Franklin Drilon, Bam Aquino, Risa Hontiveros and Antonio Trillanes IV asked the tribunal to declare as “invalid or ineffective” the country’s withdrawal as a state party to the Rome Statue for lack of concurrence of the Senate.

Although Senate concurrence is needed in the ratification of treaties, the Palace has argued that withdrawing from them is within the president’s prerogative.

De Lima sought a furlough from detention to be allowed to participate in the oral arguments. Her fellow senators backed her plea. They said that their arguments “will be best presented before [the] Honorable Court” by De Lima.

But the SC denied her pleae on August 7.

It said that De Lima failed to cite arguments exclusive to her case which will make her appearance in the oral arguments indispensable.

In the court resolution released on Tuesday, the SC stressed that De Lima is joined by Drilon and Pangilinan who possess “legal competence.”

The SC also reminded the petitioners that as litigants, they are “free to be represented by counsels of their choosing.”

“Thus, a litigant cannot insist in representation by a lawyer who has been suspended from the practice of law, has been disbarred, or, as in Sen. De Lima’s case, is incarcerated,” the SC said.

De Lima can appeal ruling

In a resolution dated August 14, the SC said that it will give De Lima until August 17 to file her appeal on the ruling that junked her earlier motion.

The SC stressed that “no further request for resetting shall be entertained.”

The oral argument on the case is set on August 28, 2:00 p.m.

READ: SC resets debates on ICC withdrawal to August 28

The Philippines announced last March that it would be withdrawing from the ICC. The announcement came a month after the international tribunal's prosecutor opened a preliminary examination — not an investigation — into the alleged crimes against humanity of President Rodrigo Duterte’s administration. 

The purpose of the examination, which the Palace initially welcomed, is for the ICC's prosecutor to determine whether the court has jurisdiction over a communication — not a complaint — filed by lawyer Jude Sabio.