THE obstruction of justice complaint against Senator Robinhood “Robin” C. Padilla could become entangled in the political tensions surrounding Vice-President (VP) Sara Duterte-Carpio’s impeachment trial, with analysts divided over the strength of the allegations against the senator.
Michael Henry Ll. Yusingco, a senior research fellow at the Ateneo Policy Center, said Mr. Padilla could use the complaint to reinforce his claim that he is being politically persecuted.
“The case allows him to buttress the ‘political persecution’ narrative,” Mr. Yusingco told BusinessWorld via Facebook Messenger over the weekend. “He didn’t have to attend the Department of Justice (DoJ) hearing, but he did because it was an opportunity to ‘perform’ this narrative. So, this case is a boost for him politically, at least for now.”
Mr. Padilla appeared before the DoJ on Friday for the preliminary investigation into allegations that he helped Senator Ronald “Bato” M. dela Rosa evade arrest by authorities seeking to serve an International Criminal Court (ICC) warrant at the Senate in May.
The Philippine National Police-Criminal Investigation and Detection Group filed the complaint on May 28 after Mr. Padilla gave Mr. dela Rosa a ride in his sport utility vehicle when they left the Senate complex early on May 14, following a shooting incident.
Mr. Padilla has denied helping his fellow senator evade arrest. He said Mr. dela Rosa asked for a ride because he needed to go home and that he dropped him off in Makati, where another vehicle was waiting. He maintained that he did not know where Mr. dela Rosa was headed.
Ephraim B. Cortez, president of the National Union of Peoples’ Lawyers, said the case would depend on whether Mr. Padilla knew or had reasonable grounds to believe that Mr. dela Rosa had committed an offense and whether his assistance was intended to prevent his arrest, prosecution or conviction.
Presidential Decree No. 1829 penalizes acts that knowingly or willfully obstruct, impede, frustrate or delay the apprehension of suspects and the investigation and prosecution of criminal cases.
Its provisions include harboring, concealing or facilitating the escape of a person whom the accused knows or has reasonable grounds to believe has committed an offense, with the intention of preventing that person’s arrest, prosecution or conviction.
“Knowing that the person he harbored is evading arrest is the essential element of obstruction of justice,” Mr. Cortez told BusinessWorld via Viber.
He argued that the circumstances surrounding Mr. dela Rosa’s departure from the Senate, including the arrest warrant, the presence of law enforcement agents and surveillance footage, supported the complaint against Mr. Padilla.
Mr. Cortez also alleged that Senate security personnel fired at National Bureau of Investigation agents near the building and that Mr. Padilla and his security escort participated in the shooting incident.
He said surveillance footage showed the two senators leaving the building in haste.
The police have separately said video footage showed Mr. Dela Rosa leaving the Senate premises and entering a vehicle registered to Mr. Padilla.
The allegations concerning the shooting and Mr. Padilla’s knowledge of the attempted arrest remain disputed and have not been established by a court.
The preliminary investigation was adjourned on Friday after prosecutors directed the police to submit additional documents. Mr. Padilla’s counter-affidavit is due on Nov. 12, while the next hearing is scheduled for Oct. 9.
Mr. Yusingco said the political environment could make it difficult to separate the legal merits of the complaint from its implications for Mr. Padilla and Ms. Duterte.
“It will be very hard to separate the merits of the case from the politics of the day,” he said.
He said the senator could use the proceedings to advance a political persecution narrative, which he also attributed to the Vice-President’s camp.
Mr. Yusingco said the narrative could form part of the Duterte camp’s political preparations for the 2028 national elections.
The complaint comes as Mr. Padilla continues to serve as a senator-judge in Ms. Duterte’s impeachment trial.
The Senate impeachment court ruled on Sept. 23 that the two-thirds vote required for conviction would be based on senators who can participate in the proceedings, rather than a fixed threshold of 16 votes based on the chamber’s 24 seats. Mr. Padilla was among six senator-judges who did not participate in the vote.
Mr. Yusingco said the DoJ should focus on the evidence rather than engage in political exchanges with the senator’s camp.
“The only way for the DoJ to counter this is to just stick to the facts,” he said. “Resist engaging in political bickering with Senator Padilla’s camp.”
The DoJ has not made a finding of guilt against Mr. Padilla or his co-respondents. The preliminary investigation will determine whether there is sufficient evidence to file a criminal case. — MJMS