Former Philippine President Rodrigo Duterte was arrested on Tuesday, under an International Criminal Court (ICC) warrant, a development that has caused ripples both in the Philippines and internationally.

The arrest occurred two years after President Ferdinand Marcos Jr., Duterte’s successor, declared that the Philippines would “disengage from any contact” with the ICC, viewing its jurisdiction over the country as an infringement of its sovereignty.

Duterte’s arrest, however, marked a significant shift in Marcos’ stance, following a falling out with Vice President Sara Duterte and the subsequent evolving political dynamics.

Tight security and media restrictions

Duterte, who will turn 80 later this month, was apprehended shortly after disembarking from a Cathay Pacific flight from Hong Kong, accompanied by his partner, Honeylet Avanceña, family members, and allies, at around 9:20 a.m. on Tuesday morning.

Security was heavily reinforced at Ninoy Aquino International Airport (NAIA) Terminal 3, with the media barred from observing the arrival and arrest.

Duterte was taken to the nearby Villamor Air Base, which was heavily guarded by police. Several of his political allies, including Senator Christopher “Bong” Go, were denied entry to the base.

Prosecutors charged Duterte before the ICC with crimes against humanity linked to his aggressive anti-drug campaign during his tenure as Davao City mayor and presidency from 2016 to 2019. Duterte’s war on drugs allegedly resulted in thousands of extrajudicial killings, with estimates ranging from 6,000 to over 30,000 deaths.

Chartered jet on standby

The reason for bringing Duterte to Villamor remained unclear, although as the day wore on, the former President was told that he would be flown out of the country, destination unknown. A Lear jet, reportedly chartered by the ICC, was seen at the airbase.

Philippine Air Force (PAF) spokesperson Col. Ma. Consuelo Castillo gave a brief statement: “It is normal for the PAF’s secure base facilities to be used as arrival or departure points for air movements of certain important personalities.”

She declined to provide details on Duterte’s potential transfer, deferring to the relevant authorities for further information.

At press time, the police escorted Duterte to a shuttle that was to take him to the chartered plane flying him, presumably, to the The Netherlands, where the ICC is headquartered.

Duterte questions arrest

At Villamor, Duterte questioned the legal basis for his arrest.

“What is the law, and what crime have I committed?” he asked. “Show me the legal basis for my being here. It seems I was brought here not of my own volition. If not by another person, then maybe by you, because this is your structure. You must answer for the deprivation of my liberty.”

This statement was shared on an Instagram post by Duterte’s daughter, Kitty.

Late Tuesday, Vice President Sara Duterte confirmed that her father, former President Rodrigo Duterte, would be flown out of the country against his will.

“Today, our own government has surrendered a Filipino citizen — even a former President — to foreign powers. This is a blatant affront to our sovereignty and an insult to every Filipino who believes in our nation’s independence,” she said in a statement.

“Worse, former President Rodrigo Roa Duterte is being denied his fundamental rights. Since his arrest this morning, he has not been brought before any competent judicial authority to assert his rights or to avail of the reliefs provided by law. As I write this, he is being forcibly taken to The Hague tonight. This is not justice — this is oppression and persecution.”

She concluded with: “This act shows the world that this government is willing to abandon its own citizen and betray the very essence of our sovereignty and national dignity.”

Lawyers go to SC

Meanwhile, Duterte’s legal team has challenged his transfer to international custody. They filed a petition for certiorari prohibition with a request for a preliminary injunction, temporary restraining order (TRO), and mandatory injunction with the Supreme Court.

Though the lawyers were initially barred from entering Villamor, they managed to have Duterte sign the documents that they submitted to the SC before the end of office hours.

Given the significance of this case and upon the Chief Justice’s instructions, a special raffle was conducted pursuant to Rule 7, Section 7 of the Internal Rules of the Supreme Court.

Senator Go voiced concern about the ICC’s arrest warrant, calling it an infringement of Philippine sovereignty.

“The ICC’s issuance of an arrest warrant is an affront to our country’s sovereignty. I have always said that the ICC should not meddle in our domestic affairs. We are no longer a member of the ICC, and our domestic courts remain fully operational and independent,” Go said.

Concern for Duterte’s health

Go also expressed concern for Duterte’s health, urging the police to provide him medical attention.

In an Instagram post, Kitty Duterte accused the authorities of denying her father proper medical care.

“They are keeping him confined here and not allowing us to bring him to the hospital. He is getting weaker by the minute,” she said. Later, Kitty said her father was on a respirator.

Davaoeños stage candlelight rally

In Davao City, where Duterte served as mayor for over two decades, a candlelight rally was held at Rizal Park. Hundreds of citizens, along with city officials, councilors, and barangay captains, gathered with banners reading, “We stand for PRRD.”

Police Maj. Catherin de la Rey of PRO-Davao deployed security personnel to maintain peace and order during the rally.

In response to Duterte’s arrest, Hugpong sa Tawong Lungsod issued a statement condemning the move as a “miscarriage of justice” and political persecution. They criticized the lack of due process and raised concerns over the Philippines’ non-membership in the ICC.

Their statement suggested the arrest was a diversion from pressing issues like government corruption, misuse of public funds, and poverty, and called for unity to demand accountability from the Marcos administration.

Davao City Mayor Sebastian “Baste” Duterte voiced his criticism on Facebook, accusing the Marcos administration of using his father’s arrest to distract from controversies surrounding the national budget. He also questioned the validity of the ICC warrant, asserting that the ICC has no jurisdiction in the Philippines and dismissed the situation as “clowns behaving like clowns.”

Davao City Councilor Jesus Joseph P. Zozobrado III expressed concern about Duterte’s health, urging citizens to pray for the former president, especially given his advanced age of 80.

Panelo, Enrile weigh in

Former presidential spokesperson Salvador Panelo and former Defense Minister Juan Ponce Enrile both weighed in on the arrest of former President Rodrigo Duterte by the International Criminal Court (ICC) last Tuesday morning.

Panelo strongly condemned the ICC, calling the arrest a “flagrant, blatant, oppressive violation of a citizen’s right.” He also criticized the Philippine government for potentially aiding the ICC, warning that if the government was involved, it would be open to criminal liability for violating the law.

Meanwhile, Enrile emphasized that Duterte’s legal trouble stems from the laws enforced by the ICC, not Philippine law. “His legal problem is caused by laws enforceable by the ICC,” Enrile stated in a Facebook post, adding that the Philippine government should not be blamed for Duterte’s predicament. He urged Duterte’s lawyers to obtain a copy of the arrest warrant to better understand the charges against the former president.

As the political tension surrounding Duterte’s arrest unfolded, his supporters gathered outside Villamor Airbase, voicing strong criticism of the Marcos administration.

Duterte’s legacy

Duterte’s presidency, defined by his populist rhetoric and aggressive war on drugs, has sparked both fervent support and intense criticism. Known as “The Punisher,” his hardline approach earned him admiration for his efforts to tackle crime but also fear and disdain, particularly for the extrajudicial killings associated with his anti-drug campaign.

As mayor of Davao City, Duterte transformed the once-dangerous city into one of the safest in the country, gaining a reputation for ruthlessness that would follow him to the national stage. His 2016 presidential victory was propelled by a promise to eliminate drugs, corruption, and criminality, a message that resonated with many Filipinos suffering from violence and political corruption.

However, his war on drugs, which resulted in thousands of deaths and widespread international condemnation for human rights violations, became his most defining — and controversial — policy.

Duterte’s confrontational rhetoric only escalated tensions, both domestically and abroad, with some hailing him as a hero fighting for the nation’s future, while others decried his disregard for human rights and due process.