Following the cancellation of his passport as ordered by a Pasig City court, former Palace spokesperson Harry Roque on Wednesday said he no longer has physical possession of his passport as he surrendered it to Dutch authorities when he applied for asylum in 2024.
Roque made the remarks in a Zoom interview with GMA Integrated News amid the cancellation of his passport by the Department of Foreign Affairs (DFA) as ordered by the Pasig City Regional Trial Court Branch 157.
“Unang-una, I surrendered my passport when I applied for asylum in March 19 of 2024. So hawak ng Dutch ang aking passport,” the former spokesperson of ex-President Rodrigo Duterte said.
(First of all, I surrendered my passport when I applied for asylum in March 19, 2024. So the Dutch have custody of my passport.)
“Kaya nga yung ulit-ulit silang kinanselang passport, wala naman sa akin passport ko. Aanhin ko yan, hindi naman ako talaga makalabas ng Europe dahil wala naman sa akin yung passport ko,” Roque went on.
(So what they repeatedly said about my canceled passport, well I don’t have my passport. What will I do with that? I can’t go out of Europe because I don’t have my passport with me.)
Roque explained that because he is under the Dublin procedure for asylum seekers, he may be transferred within Europe even without a passport.
“Because I’m under Dublin procedure, even without a passport, walang problema ‘yan (there’s no problem with that),” he said.
Earlier, the Pasig City court issued an omnibus motion ordering the cancellation of passports of Roque, Cassandra Li Ong, and three other accused in the qualified human trafficking case for their alleged links to Lucky South 99, an offshore gaming hub that operated in Pampanga.
Qualified human trafficking is a non-bailable offense. The Philippine government has also requested an Interpol red notice for Roque and other personalities with alleged links to Lucky South 99.
Roque has repeatedly denied the allegations as fabricated and politically motivated, adding that he has no plans to return to the country as he has lost trust in the government.
No implications on asylum bid
In his interview with GMA Integrated News on Wednesday, Roque said the cancellation of his passport has no effect on his legal status in relation to his pending application for asylum.
“Under refugee and asylum law, under international law po, pwede ka humingi ng asylum even if you do not have a passport, even if you do not have a visa. Kaya nga doon sa Dublin rules, they have two rules, no? If there’s a visa, it should be the country that issued the visa. If there’s no visa or passport, it’s the port of entry. So, it has nothing to do with my application for asylum,” he said.
(Under refugee and asylum law, under international law po, you can ask for asylum even if you do not have a passport, even if you do not have a visa. In the Dublin rules, they have two rules. If there’s a visa, it should be the country that issued the visa. If there’s no visa or passport, it’s the port of entry. So, it has nothing to do with my application for asylum.)
Roque added: “Ang talagang implication lang yan na wala akong passport, tututok na kasi sila, is that I cannot leave Europe. At hindi ako meanwhile makakapunta sa ibang lugar outside of Europe.”
(The implication there is that I have no passport, is that I cannot leave Europe. And meanwhile, I cannot go to other places outside of Europe.)
The former Palace spokesperson also denied anew reports that he was arrested in The Netherlands and explained that his scheduled transfer to Austria under the Dublin rules did not proceed because of his medical condition.
Dublin rules on asylum
Roque’s Schengen visa was issued by Austria. Dutch authorities asked him to go to Austria under the Dublin procedure, since Austria – as the one that issued his Schengen visa – would be responsible for handling his application for asylum.
Roque said the concerned department was insistent in transferring him to Austria under the said Dublin rules.
“Sabi ko, sige, I will go. Kasi I’m a lawyer, I’m a former member of the Cabinet of President Duterte. Ayokong may masabi that I am defying yung orders ng host country ko, especially after nakinabang ako twice already sa universal healthcare ng Netherlands dahil yung aking dalawang operasyon was under universal healthcare,” he said.
(I said, okay I will go. I’m a lawyer, I’m a former member of the Cabinet of President Duterte. I don’t want them to say that I am defying orders of my host country, especially after I benefitted twice already from The Netherlands’ universal healthcare. Because my two operations were under universal healthcare.)
He added that even though his Schengen visa was issued by Austria, his intended destination has always been The Hague in The Netherlands.
Roque said he underwent spine surgery and another medical procedure in The Hague, after which his doctors warned him that it was unsafe for him to travel or lift heavy luggage.
Before boarding his flight for Austria, Roque said he informed the airline about his recent surgeries and medical condition.
This prompted the pilot to call the airport police, who then approached him while he was seated in his assigned seat and repeatedly asked if he was willing to push through with the flight.
“’Are you willing to take this flight?’ Sabi ko, ‘No, because I have two medical certificates from physicians who operated on me that I am fit to travel.’ Sabi ng police, ‘But why are you here?’ ‘Because I thought I had no choice.’ So sabi nila, inulit, ‘But are you willing to take this flight?’ I said, ‘No, because my physicians know better. And the only reason I’m here is because they said I have no choice,’” Roque said.
(‘Are you willing to take this flight?’ I said, ‘No, because I have two medical certificates from physicians who operated on me that I am fit to travel.’ The police said, ‘But why are you here?’ ‘Because I thought I had no choice.’ So they repeatedly said, ‘But are you willing to take this flight?’ I said, ‘No, because my physicians know better. And the only reason I’m here is because they said I have no choice.’)
Roque said the airline honored his wish and allowed him to get off the flight, prompting his return to The Hague.
He added that the Dutch police later informed him that a Filipino passenger on the same flight recorded a video of Roque onboard the airplane.
“The police told me, ‘Do you know this person?’ Sabi ko, ‘No.’ ‘There was someone videoing you.’ And apparently, hindi pa ako sumasakay, meron ng dalawang tao na suspicious sila. And na-confirm nga nila na nag-video yung dalawang tao. Now, they also boarded the plane. And then, kaya pala may delay, tinatanong nila kung kakilala ko yun. Sabi ko, ‘Hindi,’” Roque said.
(The police told me, ‘Do you know this person?’ I said, ‘No.’ ‘There was someone videoing you.’ And apparently, there were two people that seemed suspicious, even before I boarded. And they confirmed that the two people took videos. Now, they also boarded the plane. And then the reason for the delay was that they I asked me if I knew them. I said, ‘No.’)
Austria to decide on asylum
Under the European Union’s Dublin Regulation, only one member state is responsible for examining an asylum application.
According to the Dutch government’s official explainer, the country through which the asylum seeker first entered Europe is responsible for processing their asylum application.
If an asylum seeker passes through a country without being registered and later applies for asylum in another EU state, the latter country becomes responsible for the procedure.
This means that several factors can determine which country should handle an asylum claim – including the first country of entry, where the person was registered, and, in some situations, the state that issued a residence permit or visa, subject to the detailed criteria of the regulation.
Roque explained that in his case, Austrian authorities are responsible on deciding on his asylum petition because it issued his Schengen visa. This is even if Roque remains physically in the Netherlands.
GMA Integrated News has sought comment from the Ministry of Foreign Affairs of the Netherlands and the Immigration and Naturalisation Service (IND) on Roque’s assertions about the Dublin procedure and his attempted transfer to Austria. The two offices have yet to respond as of this writing.
The Department of Justice (DOJ) said the Philippine government will not interfere with any asylum process involving Roque and that European authorities must decide based on their own rules and verification.
“So ako, tama naman yung sinabi ng DOJ. Hindi naman sila po pwede maghimasok sa proseso dito. Kaya nga kahit anong sabihin nila, it is still the decision of either the Dutch or the Austrian government,” Roque said.
(For me, what the DOJ said is correct. They cannot interfere in the process here. Whatever they say, it is still the decision of either the Dutch or the Austrian government.) — JMA, GMA Integrated News
