MANILA—Sen. Robinhood “Robin” Padilla risks waiving his right to present a defense if he fails to attend the preliminary investigation into the obstruction of justice complaint filed against him, the Department of Justice (DOJ) said.

Justice Undersecretary Ian Dato said the case may be resolved based on the evidence already on record if Padilla does not appear before the DOJ panel despite being subpoenaed.

“Failure to appear will be considered a waiver of the right to present a defense and the case will be resolved based on the evidence on record,” Dato told reporters in a press briefing.

Dato emphasized that the subpoena does not mean prosecutors have already determined that Padilla is guilty.

“The issuance of a subpoena is not a finding of guilt. This is the preliminary investigation stage where respondents are given the full opportunity to answer the allegations before any finding of a prima facie case is made,” he added.

The DOJ confirmed that subpoenas were also issued to Padilla’s chief of staff, Col. (retired) Jean Alla Yasin Robles. DOJ spokesperson Polo Martinez said the documents were served on Padilla and Robles at the Senate at 2:30 p.m.

The PNP Criminal Investigation and Detection Group (CIDG) filed the complaint against Padilla and Robles on May 28, accusing them of allegedly helping Sen. Ronald “Bato” Dela Rosa leave the area following the May 13 shooting incident at the Senate.

Padilla is scheduled to appear before the DOJ panel on Sept. 25, while Robles is set to attend on Oct. 9.

Padilla had earlier acknowledged that Dela Rosa rode in his SUV when he left the Senate in the early hours of May 14. He said Dela Rosa was not a fugitive and did not have a locally issued arrest warrant at the time.

Dela Rosa is wanted by the International Criminal Court (ICC) over alleged crimes against humanity. He served as chief of the Philippine National Police (PNP) when former President Rodrigo Duterte launched his campaign against illegal drugs in 2016.

Duterte is currently detained at the ICC in The Hague, Netherlands, where he faces crimes against humanity charges related to his administration’s campaign against illegal drugs.

Dato said the DOJ is required to give respondents an opportunity to answer complaints and submit supporting evidence during a preliminary investigation.

“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.

The preliminary investigation into the obstruction of justice complaint is set to proceed with the scheduled appearances of Padilla and Robles.