Duterte’s Hand-Off, Malacañang’s Cop-Out: Who’s Afraid of Imee?

By Louis ‘Barok‘ C. Biraogo — April 2, 2025

The Administration’s Great Escape—Caught Red-Handed

WHEN former President Rodrigo Duterte was whisked off to The Hague faster than a drug lord dodging a raid, the Marcos administration strutted around like it had cracked the case of the century. Now, with the Senate sniffing around for the real story, Malacañang’s gone AWOL, clutching executive privilege and sub judice like a lifeline made of tissue paper. Executive Secretary Lucas Bersamin’s March 31 letter to Senator Imee Marcos and Senate President Chiz Escudero is a dodge so shameless it’s almost art. Let’s rip it apart, because this flimsy alibi wouldn’t pass muster in a first-year law school mock trial.

**Legal Breakdown: Privilege Flops, Sub Judice Flails, and Interpol Lies Unravel**

Executive Privilege: A Get-Out-of-Jail-Free Card or a Laughable Bluff?

Malacañang’s waving executive privilege like it’s a magic wand, but Senate v. Ermita (G.R. No. 169777, 2006) says you don’t get to play hide-and-seek without a damn good reason. The Supreme Court demanded particularity—name the docs, spell out the stakes, like national security or diplomatic blowback. Bersamin’s letter? A vague shrug: “We answered everything last time, so we’re done.” No specifics, no justification—just a middle finger to the Senate’s constitutional right to probe (Article VI, Section 21). This isn’t privilege; it’s a tantrum. If Marcos Jr.’s posse thinks they can ghost Imee’s committee with this nonsense, they’re either clueless or betting on a Senate too timid to call their bluff.

***Sub Judice*: A Bogus Shield That’s Already Been Shredded**

Next up, Bersamin’s sub judice sob story: four Supreme Court petitions mean the Senate should zip it to avoid “unduly influencing” the courts. Cute, except Romero v. Estrada (G.R. No. 174105, 2008) already torched that argument. Legislative hearings don’t hit pause just because a case is pending—Congress isn’t here to play judge, it’s here to fix laws. With Duterte’s arrest screaming for oversight, Imee’s probe is prime “aid of legislation” territory. Sub judice is for protecting trials, not dodging accountability. Bersamin’s grasping at straws so thin they’d snap under a feather—hoping nobody remembers the case law. Too bad, we do.

RA 9851 and Interpol: A Legal Lie Too Dumb to Fly

Palace mouthpiece Claire Castro swears RA 9851 hands them an Interpol “prerogative.” Wrong. RA 9851 is about crimes against humanity and ICC handshakes—Section 17 says zilch about Interpol. The Philippines’ Interpol hookup? It’s membership since 1952, a sovereign duty, not some RA 9851 Easter egg. Castro’s either botching the law or peddling a whopper to dress up this arrest as legit. Imee’s “no obligation” jab isn’t just her hot take—it’s the truth when you ditch the spin and read the damn statute. This isn’t legal reasoning; it’s a fairy tale with a bad ending.

Political Playbook: Family Brawls, Optics Bombs, and Trust on the Brink

Imee vs. Bongbong: Sibling Smackdown or Power Play Royale?

Senator Imee Marcos isn’t just running this show—she’s setting Malacañang’s excuses on fire and roasting marshmallows over the flames. Her “glaring lapses” report—sloppy arrest, no ICC duty, premeditated chaos—has the administration squirming. Now she’s blasting Bersamin’s no-show as a flip-flop on her brother’s “we won’t block them” promise. “Who’s in charge?” she snaps. This is peak Marcos drama: Imee’s split from Bongbong’s slate, maybe chasing Duterte’s base or just flexing her spine. It’s a Senate-Executive cage match with family baggage—either way, Malacañang’s unity is cracking, and popcorn’s recommended.

No-Show Fallout: Scared, Sloppy, or Smirking?

Ditching the hearing reeks of panic, bungling, or bravado. Panic fits—Imee’s March 20 grilling exposed a NAIA-to-Hague speed run with no clear Interpol warrant, and they’re terrified of round two. Bungling’s on the table too; Bersamin’s letter is so weak it’s practically a cry for help. Bravado? Dicey—if Imee slaps subpoenas or the public catches wind, this could boomerang hard. The optics are a dumpster fire: a government crowing about “law and order” now looks like it’s allergic to sunlight. For a crew already dodging accountability grenades, this is a self-inflicted wound begging for infection.

The Bigger Mess: Duterte’s Shadow, Marcos’ Mask, and a Nation Fed Up

Step back, and this is a plot twist in the Philippines’ accountability thriller. Duterte’s ICC saga—drug war body count in the thousands—splits the country like a fault line: justice or betrayal? Marcos Jr. wants the Interpol gold star without the Senate’s magnifying glass. Imee’s crusade, and Malacañang’s duck-and-cover, fuel a story of secrecy that’s tanking trust faster than a politician’s promises. Toss in the Marcos family feud, and it’s a legal-political soap opera: Bongbong vs. Imee, Duterte’s legacy lurking, and a government that can’t pick a lane—lawful or lawless?

Battle Plan: Subpoenas, Spotlights, and Supreme Smackdowns

The Senate needs to swing back—hard.

Subpoena Bersamin, Remulla, anyone who touched this mess—Senate v. Ermita says they can, so do it.
Imee should demand the Interpol paper trail—warrants, memos, receipts—let Malacañang prove it’s not bluffing.
Weaponize the public—air this circus on every channel; Filipinos eat drama for breakfast, and this is a buffet.
The Supreme Court? Rush those petitions—let’s see if Bersamin’s sub judice tears hold up under real scrutiny.

Time’s ticking, and the Senate’s got the upper hand if it plays it right.

Final Blow: The House of Cards Is Teetering

Malacañang’s no-show isn’t just a legal faceplant—it’s a political gut check for an administration skating on thin ice. Executive privilege is a bust, sub judice is a sham, and the RA 9851 spin is a bad joke. Imee’s got the receipts, even if her game’s unclear. This isn’t Duterte’s fight anymore—it’s about whether Marcos Jr. can handle the heat or keep cowering behind paper-thin alibis. The longer they duck, the louder the crash when it all comes down.

Buckle up, Malacañang—your privilege pass just got revoked.

Disclaimer: This is legal jazz, not gospel. It’s all about interpretation, not absolutes. So, listen closely, but don’t take it as the final word.