Category: Business Mirror

AMID concerns that current government subsidies remain heavily concentrated on lower-income groups, the Philippine Institute for Development Studies (PIDS) said relief measures should also be extended to middle-income households grappling with rising costs of basic goods and services.

In a new policy note, the state think tank said salaried workers and regular commuters belonging to the middle-income sector are also suffering ‘significant welfare losses’ from elevated transport and food costs triggered by the global oil shock.

While low-income households remain the most vulnerable because of limited income buffers and higher sensitivity to increases in essential goods, PIDS noted that middle-income Filipinos are also increasingly exposed to inflation despite receiving less direct government support.

‘To address this gap, complementary measures such as fare subsidies, tax relief on essential goods, and temporary adjustments to personal income tax brackets help preserve real purchasing power,’ PIDS said.

‘Complementary measures on social welfare should uplift not only the marginal group but also the expected price hike absorbers like the middle-income groups,’ it also said.

The recommendations come as the Philippines continues to grapple with the economic fallout from the conflict between the United States-Israel tandem and Iran, which disrupted global oil markets and drove up fuel prices worldwide.

As a net oil-importing economy that sources around 98 percent of its fuel requirements overseas, the country remains highly vulnerable to global supply disruptions and price volatility, according to the report.

PIDS said higher oil prices ripple through the economy through rising transportation, logistics, electricity and production costs, eventually pushing up the prices of essential goods and services.

The report added that higher global oil prices also tend to weaken the peso, making imports more expensive and further eroding household purchasing power. Latest government data showed inflation has already accelerated to 7.2 percent in April, the fastest pace in three years, while economic growth slowed to 2.8 percent in the first quarter.

PIDS warned that these conditions could generate ‘stagflationary pressures’ marked by persistently high inflation alongside weaker economic activity, complicating macroeconomic management.

While the report acknowledged calls to suspend fuel excise taxes, it cautioned that blanket relief measures could weaken fiscal buffers and disproportionately benefit higher-income households that consume more fuel.

Instead, PIDS said government intervention should remain targeted, temporary, and fiscally sustainable in the near term.

‘Fiscal measures should remain well-calibrated and temporary, consistent with the need to protect vulnerable groups without undermining fiscal sustainability. This temporary relief will anchor expectations and adjustments for a higher baseline for energy costs,’ it said.

The report also advocated for a ‘countercyclical and resilience-oriented fiscal framework’ which combines short-term targeted relief measures with longer-term structural reforms aimed at reducing the country’s vulnerability to external oil shocks.

DIRTY money needs introductions, property deals, signatures, bank accounts and people willing to look away. Behind almost every corruption scandal sits a quiet, well-dressed industry: the enablers. They can help stolen wealth disappear from public view and reappear as a luxury apartment, an art piece or an offshore company with no obvious owner.

Financial enablers-who include bankers, wealth managers, investment advisers and payment providers-are able to give suspicious wealth access to the formal economy. They can move money across borders, invest it and make it appear respectable. Non-financial enablers-who include lawyers, accountants, auditors, notaries, real estate agents, tax advisers and trust and corporate service providers-are often the architects of concealment, creating the structures that make dirty money almost impossible to trace.

The consequences are not abstract: when dirty money is protected, it drives up housing prices, weakens public services, distorts economies and deepens inequality, while ordinary people pay the price through lost public funds and eroded trust in institutions.

How the system works

THE Battle Cry: hide, move or invest wealth abroad. The most common services are very ordinary: setting up companies and trusts, administering them, providing nominee directors or shareholders, supplying addresses, advising on structures and facilitating real estate purchases. Used properly, these services are legal. When exploited with ill-intent, they become camouflage for corruption.

That distinction matters. Not every professional involved in a suspicious transaction is a criminal. Some may be negligent. Some may be misused. Some may have followed the rules as they stood. But that is precisely the problem: too often, the rules are weak, supervision is fragmented, and accountability arrives late-if it arrives at all.

The result is a system where corrupt wealth can move faster than the authorities trying to stop it. Enablers registered in one country may serve clients in another and create companies or trusts in a third. Secrecy jurisdictions, opaque corporate vehicles and anonymous property ownership give dirty money a place to hide. By the time investigators start asking who owns what, the trail may have already gone cold within a maze of companies, trusts, and legal arrangements.

It is obvious that most of the enablers or bagmen are taking the risk, knowing that their share of the transaction is small in comparison to the rich organizers. Some Filipinos are disgusted that even the small bagmen are stealing government funds that belong rightfully to the people.

Action needs to be taken: GIVEN the cross-border nature of dirty money, progress requires a critical mass of major financial centers to act together: governments, international organizations, civil society and the private sector to secure commitments to strengthen transparency, enforcement and international cooperation against illicit finance in real estate, gold and crypto-assets. Property, in particular, is where illicit wealth often hardens into power: it stores value, confers status and can be hidden behind companies and trusts.

Dirty money does not just exploit loopholes. It hires people who know where the loopholes are. It is time that governments stop treating enablers as background characters-and start treating them as part of the main plot.

In conclusion, dirty money rarely travels alone. As shown above, it needs a variety of enablers. And the enablers have to be prosecuted!

Top Line Business Development Corp. (Topline) is moving forward with a major expansion of its fuel logistics network after its subsidiary secured a sublease agreement for a large-scale depot facility in Cebu, marking the initial phase of its planned Top Line Energy Complex development.

Through its logistics arm, Topline Logistics and Development Corp., the listed fuel distributor has partnered with the Lu Do and LuYm Group to gain access to a storage site with an estimated capacity of 30 million liters.

This facility is set to become the foundation of the company’s long-term plan to establish a centralized energy logistics hub in the Visayas.

The Top Line Energy Complex is envisioned as a strategic infrastructure project aimed at strengthening fuel storage and distribution capabilities while improving supply stability across the region.

Company officials said the initiative supports broader goals of enhancing energy security and ensuring more resilient fuel supply chains in central Philippines.

The first phase of the project will focus on upgrading and optimizing the newly secured depot. Once fully operational, the site will significantly increase Topline’s storage capacity from its current 10 million liters to approximately 40 million liters in total-an expansion of about 300 percent.

Completion of this phase is targeted for the fourth quarter of 2026.

Topline officials said the development represents a key milestone in the company’s growth strategy as it scales up its network of fuel stations and commercial supply operations.

‘We are entering a new stage of expansion, and this complex will serve as a critical foundation for that growth. It will allow us to better meet rising fuel demand while also contributing to improved energy reliability in the region,’ Eugene Erik Lim, chairman, president, and CEO of Topline, said in a statement. From the partner side, Douglas Luym, chairman of Lu Do and LuYm Group, said the collaboration combines existing infrastructure with expanding distribution capabilities.

He noted that the project could help improve fuel logistics efficiency and support a more dependable supply system for Cebu and the wider Visayas area.

In addition to the initial phase, both parties are in discussions for potential future expansions that could further increase storage capacity, depending on market demand. Once fully developed, the Top Line Energy Complex is expected to serve as a key fuel distribution and logistics hub for the company’s growing operations in the region.

THE Energy Regulatory Commission (ERC) is fully supportive of driving system losses down, but said that removing this component from electricity bills without addressing inefficiencies would merely shift the financial burden elsewhere.

‘The system loss charge simply reflects the true, all-in cost of the electricity that consumers actually use. To remove it without addressing the underlying losses would not lower the cost of power; it would only shift who pays for it,’ said ERC Chairman Francis Saturnino Juan.

The ERC, which regulates this charge, defines system loss as electricity ‘lost’ during transmission and distribution from the power plant to end-users. Since this power is lost and cannot be billed to anyone, the distribution utility (DU) is allowed to pass a portion of this cost to consumers.

The system loss is due to technical and non-technical factors. Pilferage falls under non-technical factors while power that naturally disperses as heat as electricity travels through wires, transformers falls under technical type of system loss.

‘We fully support efforts to drive system losses down and to protect consumers from inefficiencies that are not their burden to bear. But we must distinguish between reducing system losses, which is the right policy goal, and mischaracterizing the system loss charge itself.

The charge is not payment for unused electricity. It reflects the true cost of the power actually consumed-because no electron reaches a consumer’s outlet without first passing through the grid, and that passage has a measurable, unavoidable cost,’ Juan explained.

The ERC currently sets the system loss cap at 6.5 percent for private distribution utilities such as the Manila Electric Company (Meralco) and up to 12 percent for electric cooperatives (ECs). If a DU or EC incurs a higher system loss rate, they must absorb this and cannot pass on the excess cost to the consumers.

Meralco’s system loss levels consistently track well below the 6.5-percent cap.

Juan said the current caps are set on the basis of load density, sales mix, cost of service, delivery voltage, and other technical considerations under Section 43f of EPIRA. These parameters vary across ECs, which is why the agency implements clustering ‘because there is no one-size-fits-all cap.’ If the cap is lowered, this can trigger an increase in capital expenditures that flow back into rates. As such, the ERC stressed that system loss cap via clustering method should be maintained.

There are pending bills to amend system loss cap to anywhere from 5 to 5.5 percent for DUs and 8.25 percent to as much as 12 percent for ECs. The ERC said it implements the three-year review mechanism on system loss cap based on existing parameters.

Meanwhile, the Philippine Rural Electric Cooperatives Association Inc. (Philreca), which represents 121 ECs nationwide, said the imposition of value-added tax (VAT) on system loss charge is difficult to justify since it is intended to apply to the value derived from the consumption of goods or services. ‘In the case of system loss, however, there is no actual consumption by the end-user. The electricity corresponding to system loss is, by definition, energy that was generated but never utilized by the consumer.

‘To subject such losses to VAT creates a logical inconsistency, as it effectively taxes consumers for electricity they did not receive and could not have benefited from,’ the group said.

While Philreca recognizes the necessity of regulatory mechanisms that allow for reasonable recovery of system losses to ensure the sustainability of operations, ‘it respectfully submits that such recovery should not extend to the imposition of VAT.’

A bill seeking to remove the VAT on system loss charges in electricity bills was filed by Senator Risa Hontiveros. Senate Bill No. 2076 aims to amend the National Internal Revenue Code (NIRC) to exempt system loss charges from VAT, amid reports of higher electricity costs during the dry season.

‘VAT is a consumption tax on goods and services. Systems loss charges-which represents losses in the distribution and delivery of electricity, are neither goods nor services purchased by power consumers. Hindi dapat pinapatawan ng VAT diyan ang mga pamilyang nagbabayad ng kuryente [VAT should not be imposed on that for families paying for electricity].

By removing the VAT on systems loss charges, we are not just making our tax policies more fair and just-we are also providing immediate relief to consumers facing higher electricity bills this summer season,’ Hontiveros said during a Senate hearing.

THE Bureau of the Treasury rejected all bids for the 7-year Treasury bonds (T-bonds) as investors demanded unacceptable rates, tracking the rise in yields across global markets.

After yields for the reissued 7-year debt papers climbed on Tuesday’s auction, National Treasurer Sharon P. Almanza told the BusinessMirror that the government is ready to reject bids that are ‘too high.’

Rates would have shot up by 127.2 basis points had the auction committee awarded the full P30-billion offering.

The auction was 1.1 times oversubscribed, as bids for the security amounted to P33.675 billion.

If the auction committee decided to award all bids, the 7-year T-bonds yield would have averaged at 7.915 percent, increasing by 127.2 basis points from the previous auction rate of 6.643 percent.

The highest yield investors demanded for the security was 8.125 percent, while the lowest was 7.625 percent.

‘The NG has other funding options to finance our requirements for the year and can make adjustments when necessary,’ Almanza told the newspaper.

At the start of the year, the Treasury has been upsizing the volume of Treasury bills it awarded and even opened the tap facility to accommodate excess market demand.

Michael L. Ricafort, chief economist at Rizal Commercial Banking Corp., said investors are waiting for bond yields to peak to maximize their gains amid higher inflation as the Strait of Hormuz remains blocked.

With inflation in April accelerating to 7.2 percent and the peso hitting record lows recently, Ricafort said this could make imports more expensive and push inflation higher.

In the secondary market, the 7-year yield stood at 7.60 percent-the highest since November 2018.

Ruben Carlo O. Asuncion, chief economist at Union Bank of the Philippines, told the BusinessMirror that investors prefer to hold on to securities for a short duration and ask for a higher term premium. Coupled with this preference are inflation uncertainty, shifting rate-cut expectations, and elevated global yields, particularly from US Treasuries, Asuncion added.

‘Bond yields remain elevated across major economies, tightening financial conditions,’ Asuncion wrote in a separate note. ‘While geopolitical tensions may be easing at the margin, uncertainty remains high and markets are recalibrating to structurally higher rates.’

The benchmark 10-year US Treasury yield went up to near 1-year highs at 4.60 percent-the highest since May 2025-which could lead to higher borrowing costs worldwide.

Next week, the Treasury will auction T-bonds with tenors of 4 years and 10 years to raise a total of P30 billion.

This month, the Treasury aims to borrow as much as P268 billion from the issuance of Treasury bills and T-bonds.

As of the end-March 2026, the government’s outstanding debt reached P18.488 trillion, with the debt-to-GDP ratio rising to 65.2 percent.

STATE-run Home Development Mutual Fund, commonly known as Pag-IBIG Fund, logged a higher net income in the first quarter, lifted by strong investment returns and collections.

The provident fund for housing on Tuesday reported net income of P16.772 billion, up by 11.27 percent from P15.072 billion in the same period last year.

Pag-IBIG pinned its net income growth to robust collections and steady earnings from its housing and short-term loans, as well as higher investment returns.

Its income from investments climbed 50.67 percent year-on-year to P3.033 billion from P2.013 billion. ‘We remain committed to growing and protecting their savings while ensuring that they have access to affordable home financing,’ Pag-IBIG Fund CEO Marilene C. Acosta was quoted as saying in a statement.

The Fund’s total assets grew by 3.40 percent to P1.276 trillion as of March 2026 from P1.234 trillion at year-end 2025.

Acosta credited Pag-IBIG’s asset base and fiscal health in following its mandate of providing members with competitive savings returns and affordable home financing.

Under its charter, the Fund returns at least 70 percent of its annual net income to members in the form of dividends, which are credited to their savings every year.

Pag-IBIG is also the key financing arm of the Expanded 4PH Program, providing affordable homes to Filipinos.

‘Our strong fiscal standing allows us to sustain our subsidized housing loan rates under the Expanded 4PH Program, including the [3 percent] rate for qualified socialized housing borrowers,’ Acosta said. ‘This is how we help make homeownership more affordable for more Filipino workers, while keeping Pag-IBIG Fund financially sound and sustainable for the long term,’ she added.

Meanwhile, Department of Human Settlements and Urban Development Secretary Jose Ramon P. Aliling, who also chairs the Pag-IBIG Fund Board of Trustees, said the Fund’s first-quarter performance shows that it remains strong, stable and ready to support homeownership.

‘We shall continue to manage our members’ funds prudently, so that more Filipino families may benefit from housing finance that is affordable, accessible, and sustainable,’ Aliling said.

With the upcoming impeachment trial taking over television, print, and social media news, I find myself grappling with a question that cuts to the core of democratic accountability: Can the Senate genuinely act as an impartial court of justice?

The upcoming impeachment trial of Vice President Sara Duterte has forced this question upon the nation. As the Catholic Bishops’ Conference of the Philippines reminds us, the impeachment process is not merely a political exercise-it is a constitutional mechanism ‘to address offenses against the state, betrayal of public trust, and political tyranny.’

The senator as judge: A contradiction in terms?

I know of a particular case where a trial court judge recused herself to preserve the integrity of the judicial process after the defense filed a motion for her inhibition. This happened in 2018 during the trial of Senator Leila de Lima’s drug cases. Notably, in November 2018, Judge Lorna Navarro-Domingo of the Muntinlupa Regional Trial Court (RTC) Branch 206 recused herself. While the judge denied claims of bias, she inhibited herself to show ‘good faith to all parties’ and preserve the integrity of the judicial process after the defense filed a motion for her inhibition.

The standard was exacting: justice must not only be done, it must be seen to be done. Yet here we are, contemplating an impeachment trial where some senators have already appeared on news programs declaring their opposition to the Vice President’s impeachment before a single piece of evidence has been formally presented.

My first question to our legal luminaries is painfully straightforward: Can these senators be counted on as neutral judges?

The CBCP has appealed to the Senate ‘to abide by what the Constitution directs: to proceed with the trial and to decide the case against the Vice President by summoning witnesses, hearing testimony, and voting according to the evidence and, above all, the demands of righteousness and justice.’ But how can a senator vote ‘according to the evidence’ when they have already announced their verdict in primetime?

The inhibition question

IN our regular trial courts, the rules are clear. The Rules of Court explicitly state that a judge may be disqualified if they have expressed an opinion on the merits of the case. Once a judge shows partiality-or even the appearance of partiality-the other party can file a motion for inhibition. The judge, if they possess any measure of judicial integrity, steps aside.

The missing framework

I have searched the transcripts of the Constitutional Commission. I have read the debates of 1986 and 1987. The framers spoke eloquently about the Senate’s role as a check on executive power. They envisioned senators rising above partisanship, guided by what Commissioner Hilario Davide Jr. called ‘the higher interest of the nation.’ But did they ever imagine a scenario where senators would actively campaign against an impeachment before the trial even began?

I suspect they did not. Or perhaps they did, and they trusted that the people would elect senators of sufficient character to resist such temptations. If so, that trust is now being tested.

The CBCP statement, signed by Archbishop Gilbert Garcera, captures something essential: ‘We urge the Senators to avoid any act that may be perceived as evading their sworn duty or circumventing the requirements of the Constitution.’ The key word is perceived. Justice is not merely a matter of private conscience-it is a public performance of fairness.

When a senator declares opposition to the Vice President’s impeachment on live television, the perception of partiality becomes unavoidable. The CBCP’s appeal ‘to not delay the trial and to convene the Senate as an impeachment court at the soonest possible time’ is admirable. But speed is worthless without fairness. ‘To delay the trial is to delay justice,’ the bishops wrote, ‘for both the Filipino people and the Vice President.’ I would add: To rush a trial with prejudged senators is to pervert justice entirely.

A modest proposal

I am not a legal luminary. I am simply a citizen trying to make sense of a constitutional process that seems, from the outside, deeply flawed.

We must remain vigilant in monitoring the proceedings, but vigilance without standards is merely observation. As citizens, we are all bound to follow the law, and if we violate it, we accept the consequences as prescribed by law.

And so my question is this: If the constitution intended the Senate to be an impartial court, but some senators have already demonstrated partiality, what remedy exists? Should the Supreme Court step in, despite the political question doctrine? Or should the people themselves-vigilant, informed, demanding-become the ultimate check?

Prime Philippines Inc., a real estate consultant, sees property development accelerating in the Visayas and Mindanao as efforts to decentralize economic activity gains headway.

Properties in Metro Manila will still remain in demand, but the expansion will happen outside of the capital region, it added.

Ruth Coyoca, Prime Philippines vice president for Visayas-Mindanao, said that over the next decade, the country’s property market will continue moving toward ‘a more sustainable distributed economic landscape’ with second-tier cities attracting capital.

‘We’re no longer looking about purely provincial growth stories. What used to be considered secondary markets are now becoming strategic expansion markets,’ she said.

‘For our BPO [business process outsourcing] clients, our industrial clients, having an office in Visayas and Mindanao is now a strategic need for the sustainability of their operations. So, many of the cities now are evolving into self-sustaining economic ecosystems and this continues to attract occupiers because of its balance between talent availability and operating cost efficiency.’

When compared to Metro Manila, many of these regions continue to offer more competitive labor costs while maintaining access to a young and growing workforce, she said.

‘If you notice, the population growth in the three main regions in our country is having a slowdown. But for Mindanao’s population, growth is at 1.18 percent, even higher than the one in Luzon, which signals that companies who will operate in these cities will not lose talents,’ Coyoca said.

For now, however, investments remain heavily skewed toward Luzon. Over time, however, the Visayas and Mindanao area will boom, mainly in Cebu, Bacolod, Davao and Cagayan de Oro.

For Cebu, Coyoca said it is experiencing a transition, with new premium developments entering the market and an expected increase in lease rates. ‘From an average of P635 per square meter last year, we are now experiencing P645 pesos per square meter average this lease rate. With these new developments, Cebu will continue to enter into a market transition where tenants will look for more quality buildings. But still, with competitive lease rates.’

For Davao, meanwhile, the area is poised to absorb the approximately 85,000-square-meter new office supply expected to be completed within the next four years.

Coyoca said Davao had the highest office occupancy rate nationwide among established office hubs at 95.5 percent in the first quarter. Bacolod, meanwhile, is riding on the consumption-driven economy, with a strong focus on retail development and services-led sectors, making it one of Western Visayas’ most closely watched emerging cities.

‘Based on our experience and the requirements that we’re getting from our clients, they are also now looking towards Bohol, Dumaguete, even as far as GenSan [General Santos], Zamboanga and of course, Iloilo City,’ Coyoca said.

Global consulting powerhouse Arup is actively developing global resource hubs designed to accelerate sustainable development, promote circular economies, and tackle climate resilience across the built environment.

In an email interview with the BusinessMirror, TC Chew, Arup’s Asia-Pacific Managing Director, explained that the initiative aims to redistribute expertise that is built, exercised, and led across borders. Within Southeast Asia, Chew emphasizes that the Philippines plays a critical role in this ecosystem. ‘Filipino engineers are deeply integrated into Arup’s APAC-wide network through cross-border project teams, regional capability hubs, and structured mobility programs that allow people to work across markets without being constrained by geography,’ Chew pointed out.

A borderless model for upskilling

According to Chew, this borderless operating model significantly improves career opportunities and upskilling for local talent. Manila-based engineers are increasingly contributing to-and leading-complex packages on major projects across Australia, Singapore, and the wider region. This is particularly evident in high-demand, globally scarce specializations such as digital engineering, systems integration, and water management.

This framework is designed to benefit the local construction industry by enabling a two-way flow of expertise. While local knowledge remains essential for understanding regulatory frameworks, constructability, and stakeholder context, it is heavily reinforced by exposure to diverse international operating environments.

‘When a Filipino engineer works on a rail or infrastructure project in Sydney or Singapore, they are not just exporting skills; they are building experience that strengthens capability back in the Philippines as well,’ Chew explained.

Leadership follows competence

Over time, leadership naturally follows competence. As professional trust builds and teams observe who can solve the most complex problems, geographic location becomes secondary. Chew argues that if the best person to lead a strategic workstream sits in Manila, it should no longer be viewed as an exception. ‘It should be standard practice,’ Chew said. ‘Our recently appointed Philippines Country Leader, Edmond Asis, brings this model to life. Having worked across Arup offices in Manila, London, and Hong Kong, his trajectory reflects the exact kind of leadership development a borderless model is designed to enable.’

This paradigm is precisely why Arup invests heavily in connectivity and talent pipelines across the Asia-Pacific. Chew emphasized that borderless delivery only succeeds if professionals are supported to grow, take on leadership responsibilities, and transition across markets with confidence. When that happens, both regional resilience and the quality of infrastructure delivered are elevated.

Critical skills for the modern engineer

In a borderless operating environment, professional relevance is defined by specialized skills. Chew noted that one of the primary capabilities that will benefit the Philippine engineering sector is systems thinking.

Large-scale infrastructure programs rarely fail due to isolated technical errors anymore, Chew argued. Instead, failures occur because interfaces break down-whether between civil works and operations, energy systems and digital controls, or design intent and long-term asset performance. Engineers who can look across the full lifecycle of a system, understand complex trade-offs, and integrate multiple disciplines will always be in high demand.

Furthermore, in the context of rapid digital innovation and artificial intelligence, digital and data fluency have become non-negotiable assets. Technologies like Building Information Modeling (BIM), digital twins, simulation, and data-enabled asset management allow distributed teams to collaborate across oceans, diagnose structural issues early, and compress project timelines without sacrificing safety or quality.

Building bankable, sustainable infrastructure

To fully maximize their global potential, Chew advises the upcoming generation of Filipino talent to deepen their commercial and project literacy. Developing a sharper understanding of costs, risk mitigation, procurement, funding constraints, and stakeholder trade-offs ensures that projects are bankable and buildable, not just technically sound.

Additionally, collaborative leadership and adaptability remain vital for a workforce required to operate across multiple time zones and cultural contexts, manage distributed teams, and translate local realities into clear, shared global solutions.

Armed with a massive technical workforce, strengthening its grasp on systems integration, digital engineering, and commercial awareness will allow Filipino engineers to lead across the Asia-Pacific. In a truly borderless model, leadership follows those who can solve the hardest problems, wherever they arise. Investing in these talent pipelines today will determine where that leadership sits in the decades to follow.

THE inconsistency in the government’s position in regard to its supposed non-cooperation with the International Criminal Court (ICC) and the enforcement of its arrest warrant issued against Senator Ronald ‘Bato’ Dela Rosa should justify judicial intervention and the grant of interim relief in favor of the senator.

This argument was raised by the legal team of Dela Rosa headed by lawyer Israelito Torreon in their reply to the comment submitted by the Office of the Solicitor General (OSG) in connection with their series of manifestations filed before the Supreme Court.

In their reply, Dela Rosa reiterated their plea for the Court to immediately issue a temporary restraining order and/or a status quo ante order prohibiting respondents Department of Justice (DOJ), Department of Interior and Local Government (DILG), National Bureau of Investigation (NBI), Philippine National Poliee (PNP), Philippine Center for Transnational Crime and former senator Antonio Trillanes IV from implementing the supposed ICC arrest order against the senator.

In detailing the inconsistency in the government’s stance on cooperation and enforcement of ICC’s arrest order, Dela Rosa pointed out that President Marcos Jr. himself had declared that the government would not assist the foreign tribunal ‘in any way, shape or form,’ and would ‘not lift a finger’ to help any of its investigation into illegal drug war of the Duterte administration.

The senator also cited previous statements by Executive officials that an ICC warrant cannot be enforced in the country unless it is coursed through the Interpol.

In contrast to these previous statements, Dela Rosa noted that Justice Secretary Fredderick Vida issued a statement last May 15 confirming the existence of a valid arrest warrant and that the government ‘will definitely submit to the request of the ICC.’

He also noted the attempt of the NBI last May 11 to serve the arrest order inside the Senate premises.

Even the OSG admitted in its comment submitted last Saturday that the arrest warrant can be implemented even without an Interpol or diffusion order against the senator.

Solicitor General Darlene Berberabe argued that the President Marcos Jr. can exercise the option to surrender Dela Rosa under Section 17 of Republic Act No. 9851 (Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity) being the chief architect of the country’s foreign policy.

She further argued that the decision to recognize an ICC warrant and the surrender of an individual is a political question which belongs to the discretion of the President as the chief architect of foreign policy.

‘The Executive cannot litigate non-cooperation before the Court while operationally cooperating outside the Court. It cannot disclaim ICC obligation in pleadings, then use an ICC warrant as the practical basis for domestic arrest,’ Dela Rosa pointed out.

‘It cannot say there is no enforceable ICC process to avoid judicial restraint, but treat the same alleged process as sufficient to seize a citizen. This contradiction bears directly on ripeness, candor, grave abuse of discretion, and the need for immediate injunctive relief,’ Dela Rosa added. Furthermore, Dela Rosa said Berberabe’s comment failed to answer the main constitutional question raised in his manifestations: ‘What specific provision of Philippine law authorizes the Executive Department to arrest, detain, or facilitate the surrender of a Filipino on the basis of an ICC warrant, without a Philippine court-issued warrant, without surrender or extradition proceedings prescribed by domestic statute, and after the Philippines’ effective withdrawal from the Rome Statute on March 17, 2019?’

He noted that the Philippines’ withdrawal from the Rome Statute became effective on March 17 2019.