‘Bato’ ready to join Duterte

Amid the heightened efforts to bring back former President Rodrigo Duterte, Senator Ronald “Bato” dela Rosa expressed his willingness to be arrested if the International Criminal Court (ICC) issues a warrant.

“I am ready to join the old man, hoping they will allow me to take care of him,” said Dela Rosa, who was the Philippine National Police (PNP) chief during Duterte’s presidency.

Dela Rosa denied talk that he was in hiding, stating, “I’m not hiding. I’m here in the mountains of Surigao and Agusan. I’m campaigning,” he said in a phone interview with reporters.

His statements came after ICC Assistant Counsel Kristina Conti, in a radio interview, indicated that arrest warrants would soon be issued for Dela Rosa and another former PNP chief, Oscar Albayalde.

Conti said they were being investigated for their responsibility in the controversial “Oplan Tokhang” anti-drug campaign instigated by Duterte.

Dela Rosa served as PNP chief from 2016 to 2018, overseeing the campaign, while Albayalde succeeded him and served until his early retirement in 2019.

Conti said Dela Rosa is considered “one of the persons most responsible” for the war on drugs, which killed thousands of Filipinos, many of them from poor communities. While government figures reported fewer than 7,000 deaths from the drug war, human rights organizations claimed the actual number could be as high as 30,000.

Dela Rosa feels betrayed

Dela Rosa expressed frustration over President Ferdinand Marcos Jr.’s decision to accommodate Interpol’s Red Notice, which paved the way for Duterte’s arrest.

“That’s a very flimsy excuse for me. It just goes to show that they were really interested in committing former president Duterte to the ICC,” he said.

Dela Rosa emphasized that the Philippine president has the authority to “reject outright” the Interpol Red Notice.

“As president of the Philippines, you can reject it outright. You can say, ‘Sorry, we have a commitment with you, but at this time, we cannot accommodate you. We do not recognize the ICC’s jurisdiction in our country.’ Interpol would understand that,” he said.

Dela Rosa criticized the government for rushing to hand Duterte over to the ICC without going through the local courts.

“They were too eager. This showed they were really interested in getting the former president. They shouldn’t use that Interpol Notice as an excuse — it’s very shallow,” he said.

He added, “It is still vivid in my memory when he (Marcos) told me when we talked in Malacañang that he would never cooperate with the ICC.”

“I’m feeling betrayed. Betrayal to the max,” he said.

Duterte to mark birthday in detention

Duterte arrived in The Hague, Netherlands, to face trial at the International Criminal Court (ICC) for alleged crimes against humanity related to his controversial war on drugs. The private plane carrying him, former executive secretary Salvador Medialdea, and two others made a brief stop in Dubai to refuel before continuing the journey.

In two weeks, Duterte will mark his 80th birthday in detention.

The arrest and transfer were swift and unexpected, signaling a significant shift in the Philippine government’s stance on the ICC.

Following Duterte’s departure, President Ferdinand Marcos Jr. swiftly denied any role in facilitating his arrest.

“We did not facilitate or take part in the transfer. The arrest followed international agreements and legal procedures,” Marcos stated in a press briefing.

He clarified that while the Philippines withdrew from the Rome Statute in 2018, the government continued to respect international law and protocols, including an Interpol request for Duterte’s extradition.

Despite his emphasis on legal procedures, the arrest has sparked political debate, raising questions about the ICC trial’s impact on the Philippines’ global standing.

Trial could last 10 years

Conti projected that Duterte’s trial could take considerable time, as the average duration of trials at the international tribunal is typically eight to 10 years.

“On average, trials last eight years. The longest was 10 years, although the most recent was only two years,” she said in Filipino in an interview.

Conti added that the decision on whether Duterte would return to the Philippines depended entirely on the ICC, in accordance with its rules and regulations.

She noted that the families of the victims of Duterte’s war on drugs had high hopes that he would be successfully prosecuted for the alleged human rights violations he committed.

In 2018, relatives of the war on drugs victims, along with the religious group Rise Up for Life and for Rights, filed a complaint with the ICC against Duterte for the summary killings tied to his anti-narcotics campaign.

Fight not over

After the Duterte camp failed to obtain a temporary restraining order from the Supreme Court on Tuesday evening, lawyers for Davao Mayor Sebastian Duterte and Veronica “Kitty” Duterte, the former president’s children, filed separate petitions for habeas corpus before the Supreme Court, demanding the immediate return of their father.

Kitty Duterte’s petition, filed through the Panelo Law Office on Wednesday morning, names Executive Secretary Lucas Bersamin, Justice Secretary Jesus Crispin Remulla, PNP Chief Gen. Rommel Francisco Marbil, and CIDG Director Maj. Gen. Nicolas Torre III as respondents.

Mayor Duterte’s petition, filed by lawyers from Tolentino and Associates, names a broader set of respondents, including Bersamin, Remulla, Interior Secretary Jonvic Remulla, Marbil, Torre, Solicitor General Menardo Guevarra, Commissioner Norman Tansingco, Foreign Affairs Secretary Enrique Manalo, AFP Chief of Staff Romeo Brawner Jr., Undersecretary Lt. Gen. Antonio Alcantara, PCTC executive director and Capt. Johnny Gulla.

The petition seeks the immediate and unconditional release of the former president, arguing that he is unlawfully detained and was transferred without authority to the ICC.

In her petition, Kitty Duterte accused the respondents of orchestrating her father’s “illegal arrest, detention and surrender” without due process, claiming that the government violated legal safeguards, particularly Presidential Decree No. 1069, the Philippine Extradition Law. The petition said Duterte was denied his right to challenge his arrest and extradition in a Philippine court, as required by law.

Kitty’s legal team maintained that there was “no legal basis” for Duterte’s arrest, asserting that the ICC has no jurisdiction over the former president since the Philippines withdrew from the Rome Statute in 2019. They also argued that Duterte’s rights were violated by the lack of an opportunity to appeal the extradition decision.

The petition requested that the Supreme Court issue a writ of habeas corpus to compel government officials to present Duterte and justify his imprisonment. It also noted that Duterte’s plane was under Philippine custody during a layover in Dubai.

Sara off to The Hague, Paolo to follow

Vice President Sara Duterte flew to Amsterdam, the Netherlands, on Wednesday morning, following the arrest of her father. Her office confirmed the departure in a Viber message, stating that she left the country at approximately 7:40 a.m. aboard Emirates flight EK 337 bound for Amsterdam via Dubai.

She will be joined by her brother, Davao Rep. Paolo Duterte, who secured a travel clearance from the House of Representatives to allow him to fly to the Netherlands and Japan from 12 March to 15 April. The clearance stated that the expenses incurred on the trip would be shouldered by the lawmaker using his “personal funds.”

House Secretary General Reginald Velasco confirmed to reporters that he approved Rep. Duterte’s travel request at 1 p.m. on Wednesday. Velasco explained that urgent requests like this are usually accommodated as long as they are presented appropriately and are coursed through the proper channels.