This was the strong statement stressed by Senate President Francis “Chiz” Escudero, who asserted that the ongoing International Criminal Court (ICC) proceedings involving former President Rodrigo Duterte do not equate to a breach of Philippine sovereignty.

Escudero explained that the complaint was filed by Filipino citizens and not foreign nationals.

“Una, mga Pilipino ang nagsampa ng kaso sa ICC, hindi mga dayuhan,” he said. He also pointed out the absence of any domestic cases filed against Duterte. “Wala namang pending na kaso dito laban kay dating Pangulong Duterte… wala akong nakikitang pag-agaw ika nga ng hurisdiksyon ng korte sa Pilipinas kaugnay sa issue at bagay na ito.”

Reportedly, former President Duterte was arrested on March 11, 2025, upon arrival at the Ninoy Aquino International Airport based on a warrant issued by the ICC.

The charges stem from alleged crimes against humanity related to the anti-drug campaign conducted during his presidency. The ICC has claimed jurisdiction based on the Philippines’ prior membership in the Rome Statute, covering acts from November 1, 2011, to March 16, 2019, before the country’s official withdrawal took effect.

Responding to statements made by Duterte’s legal counsel and allies questioning the validity of the arrest, Escudero remarked: “Hindi mo pwedeng sabihin na hindi tayo sakop no’n tapos gagamitin mo naman kapag convenient sa’yo.”

He also cited legal principles that may influence the ICC’s handling of the arrest’s validity: “Wrong capture can translate into a correct trial, wrong capture will never translate into a correct trial.” Escudero noted that the ICC has previously ruled differently on similar procedural issues, depending on circumstances. “8 out of 10 na naging desisyon ng ICC, hindi tiningnan yung mga isyu kaugnay sa pag-aresto. Tinuloy yung paglilitis. 2 out of 10, sinabi nila na mali yung pagkaka-aresto, hindi pwedeng tumuloy ang paglilitis.”

Reportedly, Duterte’s arrest followed an Interpol diffusion notice based on the ICC warrant. Escudero confirmed this, stating: “Hindi naman ICC warrant yung ginamit. Interpol diffusion notice ang ginamit sa pag-aresto.”

The matter is also under review by the Supreme Court. Escudero noted that both Duterte and Senator Ronald “Bato” Dela Rosa have filed a petition questioning the applicability of the Rome Statute following the country’s withdrawal.

Escudero concluded that the resolution on whether the arrest was legally valid lies with the ICC: “Kung may depekto nga ba sa pagkakahuli kay dating Pangulong Duterte… ito ba’y interpretado nilang bene detentus o male detentus?” The outcome of that legal question will determine the admissibility of the trial under international law.

AUTHOR PROFILE

Camille P. Balagtas