SEN. Robin Padilla wants his colleagues in the Senate to press the Marcos administration to bring home former president Rodrigo Duterte from the Netherlands, where he is detained while waiting trial for the crimes against humanity case filed against him before the International Criminal Court (ICC).
In a statement, Padilla said he has drafted a resolution, which he wants senators to approve and adopt, expressing the sense of the Senate that they want Duterte brought back from the Hague.
However, his office said that the Senate Bills and Index section did not accept the unnumbered resolution filed on Monday, pointing out that the 19th Congress has already adjourned sine die.
Rule 44 of the Rules of the Senate states that “all pending matters and proceedings shall terminate upon the expiration of one Congress.” The 19th Congress officially adjourned sine die on June 13.
Padilla said he will refile the resolution when the 20th Congress opens on July 28.
In the resolution, Padilla said bringing back Duterte to the country will not only “foster reconciliation and national unity,” but will allow the government to refocus on addressing pressing matters.
He said the government should likewise assert the Philippines’ sovereignty and reaffirm its exclusive right to investigate and prosecute its citizens.
“The Senate affirms that no Filipino, especially a public servant with 34 years of dedicated service as mayor, vice mayor, and congressman of Davao City, and president of the Republic, should be detained or tried by a foreign tribunal for alleged crimes committed in the Philippines,” the resolution stated.
It cited the Principle of Complementary contained in Articles 1 and 17 of the Rome Statute, which limits the ICC’s jurisdiction to cases where a state party is unwilling or unable to “genuinely” investigate or prosecute crimes within its jurisdiction.
Padilla stressed Duterte should be tried and prosecuted in the Philippines especially since the Department of Justice and the Solicitor General have repeatedly said that the country “maintains a robust criminal justice system.”
He also noted that the DOJ has said that it is “actively investigating and prosecuting alleged crimes related to former president Duterte’s war on drugs.”
Padilla likewise echoed the arguments of the Duterte camp that the ICC no longer has jurisdiction over the Philippines since Manila has withdrawn from the Rome Statute. The withdrawal was formalized on March 17, 2019.
The ICC Office of the Prosecutor has said that the international tribunal continues to have jurisdiction over the case filed against Duterte since the crimes were supposedly committed when Manila was still a member of the ICC.
Padilla said Duterte’s repatriation is possible, citing the government’s efforts to bring back former Rep. Arnolfo Teves Jr. from Timor-Leste last month despite the Timor-Leste Court of Appeals’ rejection of the Philippines’ extradition request, which he said demonstrated “the government’s capacity to repatriate Filipino nationals through diplomacy.”
He also noted the reported willingness of a foreign state to “receive” Duterte if the ICC Pre Trial Chamber 1 agrees to the defense team’s request for his interim release.
“Should a full repatriation free from ICC jurisdiction prove impracticable, the Philippine government should, at minimum, and on ad cautelam (with caution) basis and without accepting ICC’s jurisdiction, secure former president Duterte’s interim release to the Philippines under conditions acceptable to the ICC, including measures to ensure the protection and safety of witnesses, enabling him to spend his remaining years in his homeland with family and loved ones while awaiting trial,” Padilla said.
“It is the solemn duty of the Senate to uphold the sovereignty of the Republic, reaffirm the rights of the Filipino nation to determine the accountability of its citizens through its own legal system, and promote unity and reconciliation to strengthen national progress,” he added.
Padilla underscored that the Senate, as representatives of the people, cannot ignore the supposed widespread support for the repatriation of the former president “as evidenced by the results of the May 2025 national elections,” including the victory of Duterte as mayor of Davao City, the election of his allies in the Senate and by the “heavily-attended rallies nationwide and overseas clamoring for his return, and a May 6 to 9 survey which showed that most Filipinos disagree with Duterte’s arrest and surrender to the ICC.”
