FORMER Senate president Franklin Drilon yesterday said there is no basis to the manifestation of the camp of former president Rodrigo “Rody” Duterte before the International Criminal Court (ICC) that he was “kidnapped” by the Philippine government.
Drilon, a former secretary of the Department of Justice (DOJ), said the 79-year-old former leader was lawfully arrested by police authorities on the basis of a valid arrest warrant issued by the international court.
In an interview with dzBB radio yesterday, Drilon said the abduction story being peddled by the Duterte camp is “part of an effort to convince the people” that his arrest was illegal.
“Kaya sa akin po ay walang kuwestion, valid ito. Ito’y kasama sa ating obligasyon bilang isang bansa na sumusunod sa international order. Ang ating Saligang Batas po ang sinasabi that international law is part of the law of the land (For me, there no question about it, this [Duterte arrest] is valid. It is part of the country’s obligation to obey an international order. The 1987 Constitution states that international law is part of the law of the land),” he said.
Former executive secretary Salvador Medialdea on Friday night (Manila time) alleged before judges of the ICC Pre-Trial Chamber that the former president was “abducted” by the Philippine government and forcibly brought to the The Hague.
Duterte appeared before the chamber via video link from the Hague Penitentiary Institution or the Scheveningen Prison, where he is currently detained.
The elderly Duterte was arrested last Tuesday upon his arrival from Hong Kong, where he and his daughter, Vice President Sara Duterte, met with overseas Filipino workers for a thanksgiving get-together and campaigned for the senatorial candidates of the PDP-Laban.
He was transported to The Hague on Tuesday night via a charted plane. He was accompanied during the flight by Medialdea, a private nurse and a personal bodyguard.
Medialdea, during the Friday hearing, also questioned the validity of the ICC arrest order against his client, saying that the Philippines is no longer a signatory to the Rome Statute and thus, no longer under its jurisdiction.
He likewise claimed the service of the warrant of arrest was invalid because it was not allegedly judicially screened by a local court.
The Chamber said the lawyers of Duterte can raise all their questions during the confirmation of charges hearing, which it set to begin on September 23, 2025.
According to the ICC website, the confirmation of charges procedure is to determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed the crimes he or she is suspected of. If the charges are confirmed, totally or partly, the case will be transferred to a Trial Chamber, which will conduct the trial proceedings.
Drilon said there was no need for the ICC warrant of arrest to be first referred to a local court for judicial determination since such process is only done when processing extradition requests, which is not the case in point.
He stressed that the Philippines was mandated to serve the warrant on Duterte as part of its obligation under international laws.
He also said the ICC investigation is proper since the alleged crimes being levelled against the former chief executive happened when the country was a member of the Rome Statute.
Drilon also took exception to arguments that the ICC cannot try crimes committed by Filipinos since the country has a working justice system.
He noted that while more than 6,000 people were killed during the Duterte administration’s bloody war on drugs, only less than five cases were filed before the courts.
He also said that despite Duterte’s admissions that ordered the killings, no cases were filed against him by the government.
“That is an indictment of our justice system. Biro mo ang inaamin ng kampo ni Duterte ay mahigit 6,000 ang namatay dahil sa Oplan Tokhang. Eh, ilan ang napo-prosecute? Tatlo, apat na kaso? So, this indicates na ang ating justice system is defective. Hindi ko sinasabing huwes lang. It starts with the police because the police is part of the justice system…at dito makikita natin na kung yung pulis ang siyang nangunguna sa ganitong gawain eh our justice system will never work (This is an indictment of our justice system. Imagine, Duterte’s camp admitted that more than 6,000 dies because of Oplan Tokhang. But how many were prosecuted? Three, four? So, this indicates that our justice system is defective. I am not saying that the problem is only on the judiciary. It starts with the police because the police is part of the justice system… And if the police are the ones leading these kinds of wrongdoing, our justice system will never work),” he said.
PROSECUTION EVIDENCE
Lawyer Joel Butuyan, chair of the Center for International Law (Center Law), said that pending the confirmation of charges hearing, the rules of the ICC require the prosecution panel to disclose and provide to the Duterte camp the evidence that will be used against the former president during the trial.
This, Butuyan said, will allow the defense lawyers to duly prepare for the case.
“Malaking pribilehiyo iyun sa kanya kasi sa atin dito sa Pilipinas, walang gano’n. In fact, sa ICC, ‘yung prosecutor, may obligasyon pa na ibigay kay former president Duterte ang ebidensiyang nakalap nila na pabor sa kanya, na makatutulong sa kanyang depensa. ‘Yun ‘yung isang pagkakaiba sa atin dito sa Pilipinas (This is an advantage for him [Duterte] because that is not done here in the Philippines. In fact, in the ICC, the prosecutor also has the obligation to provide former president Duterte copies of the evidence that they have gathered that might help him in his defense. That’s the difference with the ICC and PH systems),” Butuyan told radio dzBB..
Butuyan is one of five Filipino lawyers accredited by the ICC to take part in their proceedings. The others are former Duterte spokesperson Herminio “Harry” Roque, Gilbert Andres, Charles Janzen Chua, and Nashmyleen Marohomsalic, who is the first Filipina and Muslim lawyer accredited by the international court.
Former UP College of Law Dean Raul Pangalangan is so far the only Filipino judge to be appointed to the ICC, although he has already retired.
Malacañang has said that last Friday’s pre-trial of Duterte was fair and that his rights were duly respected amid calls from his supporters to return him to Manila.
Butuyan said that between now and the confirmation of charges hearing on September 23, Duterte’s camp may file motions related to the issuance of and the implementation of the arrest warrant against him, and the issue on jurisdiction.
He said the former president may also file a petition for interim release.
The ICC though, since its creation, has not granted any request for the interim release of any suspect charge d with genocide or crimes against humanity.
SHOW CAUSE
Solicitor General Menardo Guevarra said his office will submit to the Supreme Court (SC) today the government’s reply to the consolidated petitions for habeas corpus filed by Duterte’s three.
The High Court last Thursday night required the government to explain within a non-extendible period of 24 hours why the court should not grant the writ of habeas corpus requested by Davao City Rep. Paolo “Pulong” Duterte, Davao City Mayor Sebastian “Baste” Duterte, and Veronica “Kitty” Duterte last week following the arrest and transport of their father to The Netherlands.
Guevarra said his office got a copy of the SC order late Friday afternoon.
“The rules provide that if the due date for a pleading falls on a weekend, it may be filed on the next working day,” he said.
As solicitor general, Guevarra is the top government counsel and represents it in major cases or litigation.
The Duterte children are asking the SC to order the release and return to the country of the 79-year old former leader who is facing crimes against humanity charges before the ICC stemming from the alleged extrajudicial killings that were carried out in pursuit of the bloody anti-drug war under his administration.
They argued that the decision of the government to arrest and extradite their father is tantamount to grave abuse of discretion, citing Manila’s withdrawal in 2019 from the Rome Statute that created the ICC.
Drilon said the petition for habeas corpus filed by the Duterte children is already “academic” since the former president is now in The Netherlands and the Dutch government cannot implement the Philippines’ SC ruling.
“Kaya this petition is academic dahil sa hindi maibigay ang hinihingi na remedy or relief ng petitioner na si Pangulong Duterte (That’s why the petition is academic because the remedy or relief asked by the petitioner cannot be granted anymore),” he said.
Drilon also said he doubts that the SC will rule that the arrest of Duterte was unlawful.
The vice president has announced that British Bar member Nicholas Kaufman, who is listed in the ICC’s public roster, will be her father’s lead counsel.
She said she would meet with Kaufman when he arrives The Hague.
Kaufman’s legal team will include Medialdea and former presidential spokesman Harry Roque, who is considered as a fugitive by the House of Representatives after he went into hiding after the lower chamber ordered his arrest for his refusal to submit subpoenaed documents in relation to his alleged role in the illegal operation of a raided Philippine Offshore Gaming Operator (POGO) facility in Pampanga. – With Ashzel Hachero
