By Joseph Bernard A. Marzan
After a week of speculations, President Rodrigo Duterte was arrested on March 11 based on a warrant issued by the International Criminal Court (ICC) for crimes against humanity.
Prosecutor General Richard Anthony Fadullon personally served the warrant at Ninoy Aquino International Airport after Duterte arrived from Hong Kong on Cathay Pacific flight CX907.
The Presidential Communications Office said Fadullon was accompanied by officers from the Philippine National Police (PNP) and Interpol, whose Manila office received the ICC warrant early Tuesday.
The ICC’s Pre-Trial Chamber I issued the warrant Friday, March 7, based on the ICC prosecutor’s application for the crime of murder as a crime against humanity under Article 7(1)(a) of the Rome Statute.
Article 58(1) of the statute states that an arrest warrant may be issued if the court finds reasonable grounds to believe the accused committed a crime under its jurisdiction and that arrest is necessary.
The chamber found Duterte individually responsible for murder as a crime against humanity and deemed his arrest necessary. The charges cover acts committed during his presidency and tenure as Davao City mayor, referred to as the “Relevant Period.”
“The Chamber finds reasonable grounds to believe that Mr. Duterte is individually responsible for the crime against humanity of murder (Article 7(1)(a)) as an indirect co-perpetrator under Article 25(3)(a) of the Statute, committed during the Relevant Period,” the warrant stated.
“The Chamber observes that Mr. Duterte, though no longer president, continues to wield considerable power. Given the risk of interference with investigations and threats to witnesses and victims, his arrest is necessary under Article 58(1)(b)(i) to ensure his appearance before the court,” it added.
Former Executive Secretary Salvador Medialdea and former Land Transportation and Regulatory Board Chair Martin Delgra accompanied Duterte at Villamor Airbase as his legal counsel. Former Chief Presidential Legal Counsel Salvador Panelo later attempted to join them but was denied entry.
Panelo called the arrest illegal, arguing that the Philippines’ withdrawal from the ICC invalidated the warrant and that Interpol could not lawfully enforce it.
He claimed the arrest was politically motivated to derail the 2028 presidential bid of Duterte’s daughter, Vice President Sara Duterte-Carpio.
“The Interpol is implementing a warrant from an institution that has no jurisdiction. They’re serving as an agent of a principal. If the principal [the ICC] has no jurisdiction, how can the agent have jurisdiction? [The warrant is] illegal,” Panelo said.
“In my view, everything they’re doing here to [Duterte], the goal is to eliminate him and [Sara] in the 2028 presidential elections. This is politics. They would need to be eliminated [by] jailing them, removing them from positions, or kill them. Nothing else. That’s what they’re doing to remain in power,” he added.
In another video by Veronica, Duterte also questioned his arrest, asking Fadullon on the legal basis of his arrest.
“Show to me now the legal basis for my being here [at the Villamor Airbase], as I apparently was brought here out of my own volition. It’s somebody else’s. If not another person, maybe you, because this was your instruction. So, you have to answer now for the deprivation of liberty,” the former president said.
Rappler also reported that Senator Ronald Dela Rosa has filed a petition with the Supreme Court to challenge the arrest through a petition for certiorari and injunction.
The petition seeks to stop the Philippine government not only to implement the ICC’s warrant of arrest, but also to stop any kind of relationship with the said court.
In the 2021 case of Pangilinan v. Cayetano, the Supreme Court ruled that while the Philippines had withdrawn from the Rome Statute, it remained obligated for actions taken during its membership from Nov. 1, 2011, to March 16, 2019.
Speculation about the warrant had circulated for a week, with rumors that Duterte went to Hong Kong to evade arrest.
He and his daughter visited the Chinese territory over the weekend to meet Overseas Filipino Workers and campaign for his Partido Demokratiko Pilipino slate in the 2025 senatorial elections.
‘JUSTICE’
The National Union of Peoples’ Lawyers (NUPL) welcomed Duterte’s arrest, calling it a “significant step toward justice.”
The group said Duterte could avail himself of legal remedies under Philippine law and the Rome Statute but vowed to ensure victims’ interests are upheld.
They urged Duterte’s swift transfer to ICC custody in The Hague, Netherlands.
“The long-awaited arrest of Duterte, who admitted responsibility for his ‘war on drugs’ and its consequences, brings immense hope that justice will prevail,” the NUPL said.
Former Sen. Leila de Lima, who was jailed during Duterte’s presidency on drug charges she called politically motivated, also hailed the arrest.
“Duterte must now answer not to me, but to the victims, their families, and a world that refuses to forget,” De Lima said.
“This is not about vengeance. This is justice taking its course. I faced my case knowing I was innocent. Duterte must now face his, not in the court of public opinion, but before the rule of law,” she added.
Lean Porquia, son of slain activist Jory Porquia, said Duterte’s arrest brought a sense of vindication.
“I cried upon hearing the news. The fight for justice is long and exhausting, but truth prevails,” he said.
“This is just the beginning. Many more human rights violators must be held accountable. We are ready to fight,” he added.
