The Department of Justice (DOJ) said it will continue its preliminary investigation into the obstruction of justice complaint against Senator Robin Padilla despite his statement that he would rather face the case before the International Criminal Court (ICC).

DOJ Undersecretary Ian Norman Dato said the investigation stems from a complaint filed by the Philippine National Police Criminal Investigation and Detection Group (PNP-CIDG), requiring the department to act on the allegations and give Padilla an opportunity to respond.

“We’re duty-bound, as soon as we receive any complaint, to request any respondent to appear before us to submit their counter-affidavits and their supporting evidence via a subpoena,” Dato said.

Padilla was subpoenaed to appear before the DOJ panel of prosecutors on September 25 and October 9 and submit his counter-affidavit and supporting documents. The complaint concerns allegations that he helped Senator Ronald “Bato” dela Rosa leave the Senate premises on May 14 while authorities were attempting to enforce an ICC arrest warrant against him. Padilla has denied helping Dela Rosa evade arrest.

Dato stressed that the preliminary investigation is part of due process, allowing the respondents to present their side before prosecutors determine whether there is sufficient basis to pursue a formal case.

The DOJ official also said the proceedings would not be affected by where the respondents prefer to face the complaint, emphasizing that the department must act based on the complaint, evidence, and applicable procedures.

Padilla earlier said he would prefer the complaint to be brought before the ICC rather than face what he described as persecution by fellow Filipinos.