Former presidential spokesperson and rabid Duterte supporter Harry Roque explored in his blog the possibility of his principal, former president Rodrigo Roa Duterte, being arrested for possible ICC complicity on accusations of massive killings perpetuated by the former president and his associates during the anti-drugs campaign. He even opens the possibility of chaos the minute authorities arrest the former president. Roque even admitted that he would call for all Filipinos to “take a stand.” see link: https://www.youtube.com/watch?v=DciF08ivuJ8.

However, Roque did not say that chaos would erupt when Duterte was held responsible for his recent statement calling for the people to support initiatives to secede Mindanao from the Philippine Republic.

Now, in his blog, Roque said that people should not doubt the possible arrest of Mr. Duterte because of the ongoing ICC probe on the drug killings, which are being charged against not just Duterte but even close Duterte associates like Senator Bato de la Rosa, Senator Bong Go, and even vice president Sara Duterte.

Not only did this possibility arise out of the ICC probe, but also the possibility of a sedition case filed against Duterte for calling for the separation of Mindanao from the Philippine Republic.

A governor from Camiquin and several military officials have professed their strong desire to protect the Philippines’ sovereignty against any attempts to separate Mindanao from the Philippine Republic. A lawyer, the Camiguin governor described Duterte’s statement seditious.

Roque says he does not want violence, but the possibility of the people massing up in support of the former president looms in the event of an arrest by the ICC of Mr. Duterte.

However, Roque did not say anything if Mr. Duterte is to be arrested for sedition. Sedition is punishable when “committed by persons who rise publicly and tumultuously in order to attain by force, intimidation, or by other means outside of legal methods, any of the following objects: (1)to prevent the promulgation or execution of any law or the holding of any popular election; (2) to prevent the National Government, or any provincial or municipal government or any public officer thereof from freely exercising its or his functions, or prevent the execution of any administrative order; (3) to inflict any act of hate or revenge upon the person or property of any public officer or employee; (4) to commit, for any political or social end, any act of hate or revenge against private persons or any social class; and (5) to despoil, for any political or social end, any person, municipality or province, or the National Government, of all its property or any part thereof.”

Did Mr. Duterte commit a seditious act when he called upon the people to support initiatives to secede Mindanao from the Philippine Republic? 

At this point no. A person can only be charged with sedition when that person “rises publicly or tumultuously” to attain by force, intimidation, or other legal means the following acts I mentioned earlier. Mr. Duterte does not qualify as an act that used force, intimidation or “any other legal means.” Rising publicly here does not include a statement issued by a person during an interview.

That thought of separating Mindanao is just that, a thought that may be “irrational” or “rational” to some. However, a problem may arise if some persons or groups rise tumultuously to support Mr. Duterte’s call. I remember former MNLF chair Nur Misuari. He was arrested for sedition/rebellion when his presence was noted during a rising allegedly by his members that led to the bombing of Zamboanga city.

What is so obvious at this point is that Mr. Duterte’s group is very anxious, which is very dangerous. Anxious persons may commit a major mistake.