Atty. Harry Roque, September 7, 2022. George Calvelo, ABS-CBN News/File

MANILA (UPDATED) -- Lawyer Harry Roque said Monday he would apply for asylum in the Netherlands, where he has joined the legal team defending former President Rodrigo Duterte from crimes against humanity charges before the International Criminal Court.

Roque, who had served as Palace spokesperson during the Duterte administration, said he would file the asylum application later in the day.  

"I'm filing for asylum here in the Netherlands," Roque told reporters. "As soon as my application of asylum is received, I do have rights to non-refoulement."

"Under international law, it means non-deportation until matapos ang imbestigasyon if I'm entitled to asylum, and No. 2, non-prosecution for illegal entry," he explained. "Pero legal naman ang pagpasok ko, meron akong visa."

Roque faces an arrest order for skipping a House inquiry into Philippine offshore gaming operators.

At least two leaders of the House Quad Committee have asked the Bureau of Immigration (BI) and the Department of Foreign Affairs (DFA) to explain how Roque was able to leave the Philippines despite the contempt and detention order issued by the mega-panel against him.

READ: Quad Comm seeks explanation on Roque’s PH exit after ICC sighting

Roque said the warrant of arrest is "unjust prosecution" against him.

"Dito sa Europa, unheard of 'yung may warrant of arrest na indefinite ang lifetime," he said. "I am confident that I can prove political persecution through unjust prosecution."

He also denied that he had gone into hiding.

"Fake news ang sinasabing pugante ako dahil ang pugante tumatakas sa isang arrest warrant na inisyu ng isang hukuman," said Roque. "Ang arrest warrant na in-issue ng kongreso ay para lang sa isang resource person para dumalo sa isang pagpupulong at pagsu-sumite ng isang dokumento."

"Wala po akong ginagaawang krimen na naging dahilan para sa pag-issue ng warrant of arrest sa lehislatura," he added.

Meanwhile, Malacanang has called on the supporters of the former president to also demand Roque's return to the Philippines.

"Mas maganda po siguro na i-challenge po talaga natin siya na siya po iyong umuwi, kasi ‘di ba, bring home FP (former President) Duterte. So, siguro mas magandang isigaw rin po ng mga tao, 'bring home Roque'," said Palace Press Officer Claire Castro.

Roque, however, insisted that he cannot return to the Philippines as he has "to defend my president." The former presidential spokesperson is part of Duterte's defense team in the ICC, along with British-Israeli lawyer Nicholas Kaufman and former executive secretary Salvador Medialdea.

READ: Duterte assembles defense team with international law expert as lead counsel

"I cannot come home. I have to defend my president as a member of the list of counsel of the ICC at The Hague. 'Yan naman po ay alam na ng lahat sa mula't mula," said Roque. "So I cannot come home; I have to defend my president."

House Assistant Minority Leader and Gabriela Party List Representative on Monday Arlene Brosas slammed Roque's announcement to seek asylum in The Netherlands as a "mockery of justice" and an alleged "attempt to dodge accountability."

"Roque’s asylum bid is nothing but a pathetic attempt to dodge accountability. He’s not seeking refuge—he’s looking for an escape route. Roque has a lot of explaining to do—from his ties to Lucky South 99 to his sudden ‘jackpot’ in wealth," she said.

Brosas urged the DFA and the Department of Justice to coordinate with international authorities to ensure Roque faces the House Quad Committee. 

Roque had repeatedly denied links to Lucky South 99, a formerly-registered Philippine Offshore Gaming Operator (POGO) raided in Porac, Pampanga over allegations of illegal activities. He also denied having unexplained wealth.

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