MANILA, Philippines — Malacañang yesterday disputed claims that President Duterte’s latest statement on extrajudicial killings (EJK) could be a ground for impeachment and could boost the complaint against him before the International Criminal Court (ICC).

Roque stressed that Duterte’s remark that his only sin is EJK was not an admission of a crime.

“I’d like to reiterate that the context of what the President said is that EJKs are the only criticisms labeled against him and that no one has ever accused him of corruption,” Roque said at a press briefing.

“I don’t think this amounts to an admission because for it to be an admission or a declaration against interest, he must have explicitly admitted to the crime of murder which he has not,” he added.

Roque said former Ateneo School of Government dean Antonio La Viña was “simply wrong” when he claimed that Duterte’s remark could be a basis for his impeachment.

La Viña said last week that Duterte’s admission that EJKs are happening because of him constitutes culpable violation of the Constitution.

“He (La Viña) is not a specialist on the field. He’s wrong. It presupposes that our judicial system is not working in the first place. Number two, it presupposes that the President actually admitted to murder. Did he? Not by virtue of the context of what he said,” the presidential spokesman said.

Roque said the term EJK is a “misnomer” because there could never be judicial killings in this country because of the abolition of the death penalty.

“I’d like to emphasize that there is actually no crime under both domestic law or international law as EJK. In fact, this is a misleading term because killing in our Constitution and in our laws is never legal, so there is no such thing as extrajudicial killings. So it’s either a lawful killing or an unlawful killing,” he said.

Roque expressed confidence that an impeachment complaint against Duterte would not succeed because of lack of merit.

“Let him (La Viña) start. He cannot vote because he is not a member of Congress and I’m sure it will also be dismissed by Congress not because it’s a political process but because it’s utterly bereft of merit,” he added.

On claims that Duterte’s statement would strengthen the complaint against him before the ICC, Roque said the court has yet to start its preliminary investigation.

“I am at the very least amused at statements of some of the critics of the President saying that this declaration or so-called admission will bolster their complaint in the ICC. I’d like to reiterate that there is no pending preliminary investigation in the ICC as of yet,” Roque said.

“What is pending only is a communication addressed to the prosecutor. It is not yet at the level of preliminary investigation.

The prosecutor at this stage is only examining if she should in fact proceed to a preliminary investigation,” he added.

Last February, the ICC announced that it would conduct a preliminary examination on Duterte’s war on illegal drugs but Philippine officials maintained the tribunal has no jurisdiction over the matter.

The ICC acted on a communication presented by lawyer Jude Sabio, who accused Duterte of being behind the death of more than 7,000 drug suspects.

Duterte responded by withdrawing the Philippines’ ratification of the Rome Statute, the treaty that created the ICC.

Officials claimed the treaty was not binding on the Philippines because it was not published in the Official Gazette, the government’s official publication.

No ICC jurisdiction

Roque said the ICC could only have jurisdiction over the complaint against Duterte if Philippine courts and prosecutors are unable or unwilling to exercise jurisdiction.

“We have a domestic statute also penalizing crimes against humanity and therefore it is incumbent upon the complainants to show that the Philippine judicial system, the Philippine justice system, is simply not working,” the presidential spokesman said.

Roque said claims that the ICC should exercise jurisdiction over the allegations against the President were insulting to everyone in the legal profession in the Philippines.

“I refuse to concede and admit, as a Philippine lawyer, as an officer of the Court, that our courts are unable or unwilling to exercise jurisdiction. We have a working criminal justice system in the Philippines. Those who have complaints against the President better file their complaints against him here in the Philippines,” he said.

“But I will not concede that we have a judicial system similar to that of Congo, Uganda, Sudan, Central African Republic, Libya, Côte d’Ivoire. I’m sorry if they are in any way slighted by my statement but I stand by that: we have a working criminal justice system.”

Roque said the ICC is reserved as a court of last resort.

He said while Duterte enjoys immunity from suit, his accusers could file a complaint before the Office of the Ombudsman or initiate impeachment proceedings.

“I’m sure after three more years, because he only has about three years left in office, he can be charged in the same way former president (Joseph) Erap (Estrada) and former president (Gloria) Arroyo (were charged) after their term of office,” Roque said.