Former Far Eastern University (FEU) College of Law Dean Atty. Mel Sta. Maria has sharply criticized recent statements by Senators Bam Aquino and Risa Hontiveros, warning that both risk undermining constitutional and international legal principles in handling cases of extra-judicial killings (EJKs).
In a Facebook post, Sta. Maria called Aquino’s suggestion that EJK cases be tried in Philippine courts “dangerously naive and imprudent,” stressing that the killings during the last administration amount to crimes against humanity.
“To suggest that these cases can be handled like a standard criminal docket is to fundamentally misunderstand the nature of the charges. We are not talking about ‘simple murder.’ We are discussing Crimes Against Humanity,” he said, citing Republic Act No. 9851 and the Rome Statute.
Sta. Maria argued that local courts lack the insulation from political pressure, corruption, and threats needed to try such cases, especially with powerful figures implicated.
He warned that domestic proceedings could trigger unrest among supporters of the former president.
“The Hague offers something our local courts cannot: geographic and political distance. By conducting these proceedings in a neutral, independent body like the ICC, we de-escalate the potential for civil strife and ensure the focus remains on evidence, not partisan fervor,” he wrote.
Sta. Maria also rebuked Sen. Risa Hontiveros’ statement that senators cannot be arrested while the Senate is in session due to “long-standing tradition.”
He countered that the Constitution sets clear limits on legislative privilege.
“How can a ‘long-standing tradition’ of the Senate trump the mandate of the Constitution?” he asked.
Article VI, Section 11 of the Constitution, he noted, only shields lawmakers from arrest for offenses punishable by not more than six years. Crimes against humanity, under RA 9851, carry penalties of reclusion temporal (12 to 20 years) or reclusion perpetua (40 years).
“The math is clear. This is more than double the constitutional threshold for arrest,” Sta. Maria said.
He emphasized that the Constitution contains no exceptions or footnotes that allow “tradition” to override its provisions.
“Obstructing enforcement by means not constitutionally and legally allowed and however cloaked by ‘tradition’ is obnoxious, especially if the transgressors are those who are supposed to know and make the law,” he wrote.
“If ever they will discuss the matter, the senators must only discuss how the delivery of those involved to the authorities is to be made,” he added.
Sta. Maria urged lawmakers not to “muddle” constitutional clarity, warning against political maneuvering that could erode accountability.
“The Constitution and the law is clear. The penalties are clear. The threshold for arrest is clear,” he said. (ZIA LUNA)
