THE Department of Justice (DOJ) yesterday maintained the government complied with legal protocols when they arrested former president Rodrigo Duterte earlier this week.
The 79-year-old Duterte was served the warrant of arrest issued by the Pre-Trial Chamber of the International Criminal Court (ICC) on Tuesday morning upon his arrival from Hong Kong.
A chartered flight transported him to the ICC headquarters in The Hague in the Netherlands at 11:03 p.m. on Tuesday night, amid protests raised by his family and supporters, including claims that the arrest was illegal.
DOJ Assistant Secretary Jose Dominic Clavano
said the arrest was “100” percent legal and complied with legal protocols.
“Nakita naman na ginawa natin ang lahat ng tama at nag exercise din po ng maximum tolerance ang ating kapulisan,” Clavano told the “Bagong Pilipinas Ngayon” public forum and in a separate interview with GMA-7.
He said all the protocols for arrest specified in the Rome Statute and under the International Criminal Police Organization or Interpol were followed.
“Kinomply natin lahat ‘yun at kinomply din po natin ‘yung mga local rules of arrest. Kaya po siguro masasabi ko talaga na 100 percent legal ang nangyari po (We complied with everything and we also complied with the local rules of arrest. So, I can say that what happened was 100 percent legal),” he said.
When asked about Section 2 of Article 59 of the Rome Statute, which states that “a person arrested shall be brought promptly before a competent judicial authority in the custodial State,” Clavano said prosecutors who were present when the arrest order was served are considered as “competent judicial authority.”
The warrant was served by Prosecutor General Richard Anthony Fadullon.
“Kami po ang nagsilbing witness or attesting officer doon sa buong proseso.Kami ang nagsilbing competent judicial authority (We served as the witness or attesting officer in the entire process. We served as the competent judicial authority),” Clavano said.
He also said: “In addition, the arrest was carried out by Filipino law enforcement agents as a matter of comity and mutual cooperation in the international community.”
As to the matter that the ICC lacks jurisdiction over the Philippines since Manila is no longer a member of the Rome Statute following its withdrawal in 2019, Clavano said the issue is “not even relevant” since the country did not place itself under the ICC by arresting Duterte.
“Ang nangyari dito ay inindorso po ng ICC ang warrant of arrest sa Interpol at dito po tayo nakipag ugnayan – sa Interpol (What happened is that the warrant of arrest was endorsed by the ICC to the Interpol and we coordinated with the Interpol),” he said.
Clavano’s remarks echoed the statement of President Ferdinand Marcos Jr. on the issue.
Duterte is now officially under the custody of the ICC and currently detained at The Hague Penitentiary Institution, also known as the Scheveningen Prison.
Duterte will face trial for the crime against humanity of murder under Article 7(1)(a), in relation to Article 25(3)(a), of the Rome Statute.
The arrest order dated March 7, 2025 indicated that the ICC Pre-Trial Chamber found “reasonable grounds” to believe that the former president is “individually responsible” for the killings related to his administration’s bloody campaign against illegal drugs.
DUE PROCESS
Interior Secretary Jonvic Remulla yesterday reiterated the government accorded due process to Duterte when he was arrested and transported to The Hague.
In a television interview, Remulla criticized lawyer and senatorial candidate Raul Lambino for insisting that Duterte was deprived of his rights.
Remulla said that prior to the arrest, the DOJ had validated that the ICC arrest warrant was valid.
“His (Miranda) rights were read. He was brought to the holding area (in Villamor Air Base). He asked for lawyers, we provided (him) and gave them access (to him). They pleaded with the Supreme Court, we waited for the court to take action,” he said.
“What happened? We waited. We waited from 11 in the morning until 11 at night, 12 hours. So if that is insufficient, then so be it. But we gave them all the due process… We gave them 12 hours, I think that as enough time,” he also said.
He added: “We did wait. I think 12 hours is enough. I think we gave due process and maybe they can argue that case further down the road. But in our case, we did what we thought was right.”
Remulla also explained that Duterte was not brought to a custodial center for “security reasons,” noting the presence of at least 500 of his supporters outside the Villamor Air Base.
“It would have been a stampede. It would have been a security risk,” he said.
DIRECT ASSAULT
Meanwhile, PNP spokesperson Brig. Gen. Jean Fajardo said Duterte’s partner, Honeylet Avanceña, hit a policewoman with a cell phone during the incident at the Villamor Air Base.
In a press briefing at Camp Crame, Fajardo said the policewoman sustained an injury on the head.
“We have video that proves Ms. Honeylet hit the policewoman while restraining Honeylet and their daughter so they will step aside momentarily or give way,” she said, adding that cops were trying to get near Duterte when Avanceña hit the lady police.
“The policewoman who was hurt, who sustained an injury, will file a case (against Avanceña),” Fajardo said.
Fajardo. Asked what case the policewoman will file, she said a complaint for direct assault will be filed.
A video of the confrontation showed PNP Criminal Investigation and Detection Group director Maj. Gen. Nicolas Torre III ordering policemen to handcuff former executive secretary Salvador Medialdea for interfering with the transport of Duterte to the waiting chartered jet.
The footage showed Torre even read the Miranda rights on Medialdea.
“Eventually, when they were already on the bus, the handcuffs were removed out of human consideration. Gen. Torre, to his mind, he has to enforce the law during that time. There was resistance on the part of Atty. Medialdea and other personalities there,” Fajardo explained.
“In fairness to the former president, he said he will go (to the plane) to diffuse the tension,” she said.
Medialdea, along with a private nurse and a personal bodyguard, subsequently accompanied Duterte to Netherlands.
Torre, in a television interview, said Medialdea can be held liable for obstruction of justice.
“I have the option actually whether to pursue or not (a case against him),” Torre said.
Fajardo said: “We have to wait for Gen. Torre if he will proceed with the filing of the case against Atty. Medialdea… It can be filed through regular filing.”
Fajardo said no one was hurt from the Duterte camp during the whole incident last Tuesday.
Fajardo said PNP personnel were cursed at during the incident, especially after the Duterte camp was informed the former president will be brought to the Netherlands.
“But we exercised maximum tolerance, no one was hurt on their side, and we respected their rights, including the reading of the Miranda Rights, we also gave consideration to the medical needs of our former president,” she said.
RULE OF LAW
Meanwhile, retired Supreme Court Justice and former Ombudsman Conchita Carpio Morales hailed the arrest of Duterte, saying it sends a message that justice can be achieved even against influential and powerful personalities.
“Finally, the rule of law has caught up with him,” Carpio-Morales said in a brief video posted by online media outfit Rappler.
Asked about the impact of this development, she replied: “That’s good because people will know that indeed, justice prevails for all.” – With Victor Reyes
