The Philippine government is pushing back against allegations that former President Rodrigo Duterte’s arrest violated due process, disregarded legal protocols, and deprived him of basic rights.

Officials from the Department of Justice (DOJ), the Philippine National Police (PNP), and the Criminal Investigation and Detection Group (CIDG) have categorically denied these accusations, asserting that Duterte’s arrest followed international legal obligations and was executed with due respect.

During a panel discussion facilitated by the Presidential Communications Office (PCO), DOJ Undersecretary Nicholas Felix Ty, CIDG Director Maj. Gen. Nicolas Torre III, and PNP Spokesperson Brig. Gen. Jean Fajardo clarified, in a mix of English and Filipino, the legal foundation of the operation and addressed misinformation surrounding the arrest.

Due process and a warrant

According to DOJ Usec. Ty, Duterte’s warrant was legally obtained and executed in compliance with international law, specifically Article 127(2) of the Rome Statute.

“A state party withdrawing from the Rome Statute must still comply with this provision… Even if it has deposited the instruments of withdrawal, it shall not be discharged from any criminal proceedings already initiated before the ICC,” Ty explained.

He further emphasized that Philippine law recognizes the prosecution of crimes against humanity, even without ICC intervention.

“In addition to our INTERPOL membership, the law we applied is Republic Act 9851, which punishes crimes under international humanitarian law. If you look at this law, it is similar to the Rome Statute. The crimes penalized under it — war crimes, genocide, and crimes against humanity — are the same crimes covered by the Rome Statute,” Ty elaborated.

He also explained that under RA 9851, the Philippine government has two options: it can either investigate and prosecute these crimes domestically or defer to an international tribunal.

“If the case is turned over to a foreign court, the Philippines has the authority to surrender the accused to that court. That is exactly what we did in this case,” he stated.

To ensure that the arrest adhered to legal standards, the DOJ acted as the “competent judicial authority” required by the ICC.

Addressing claims that the warrant was invalid, Torre clarified,

“We were requested by the Philippine Center on Transnational Crime (PCTC) to implement the warrant of arrest.”

Fajardo further affirmed that the PNP played a limited but necessary role in ensuring the operation’s security.

“The Chief of PNP was informed of the PCTC’s request for police assistance. The Chief PNP then directed the CIDG under Gen. Torre to provide the necessary security support,” she said.

Critics questioned whether Duterte’s legal counsel, Atty. Silvestre Bello III, was given access to the warrant. However, officials refuted this, stating that Bello was not even present at the time of the arrest.

“Atty. Bello was not in the scene during all this time. How would he see it?” Torre explained. Ty added, “Gen. Torre is right. Atty. Bello was not there when the warrant was being implemented. I saw him in the VIP lounge… but when we went to the jet bridge to serve the warrant, he was not there.”

Deprived of rights?

One of the most controversial allegations was that Duterte was denied food and water. Torre immediately debunked this claim.

“There was no deprivation of their right to food and water at any moment. In fact, we even delivered food, but they were the ones declining. There was more than enough food — more than they could even consume,” he stated.

Concerns about Duterte’s medical needs were also addressed.

“Throughout his stay in the holding area, we had a PNP doctor, his personal doctors, nurses from the PNP, and even the chief of the Villamor Airbase Hospital,” Torre explained.

Additionally, claims that Duterte was kept in uncomfortable conditions were dismissed.

“When he said he was tired and wanted to lie down, we provided him with a foam mattress and a blanket. We closed off the area and put up blinders, and he actually slept. He was asleep the whole time, so by the afternoon, even his own lawyers were saying, ‘How can we talk to him? He’s asleep,’” Torre recounted.

Treated unfairly?

To counter claims of unfair treatment, Torre emphasized the special accommodations Duterte received.

“Sir, as of today, across the entire Philippines, many individuals who have violated the law have been arrested — whether through a warrant, warrantless arrest, or the execution of a search warrant. Let me ask you, sir, how many of them were taken to the presidential lounge?” Torre recalled asking Duterte.

Duterte’s entourage was also given significant privileges.

“Aside from PRRD, Honeylet was there, along with his daughter Kitty, the Medialdea couple, an attorney, three retired generals with their spouses, and several other people. The lounge was full. They also filled an entire coaster when we transported him from NAIA to the lounge,” Torre revealed.

Fajardo also noted that despite lacking visas, Duterte’s companions were assisted by the Philippine embassy in the Netherlands.

“None of them had visas, but our Philippine embassy in the Netherlands helped secure them, along with appropriate clothing for the cold weather. When they arrived, they were assisted with their temporary visa processing,” she said.

'He dared me to arrest him'

A particularly dramatic moment came when former Executive Secretary Salvador Medialdea allegedly tried to interfere. Torre recalled,

"When Medialdea blocked the way, I gave him a warning: 'Sir, this is over. Please board the plane. We can discuss everything else in court later.'"

However, Medialdea dared Torre to arrest him.

"He dared me to arrest him, so I did. I read him his rights, arrested him for PD 1829, and handcuffed him."

'This is for the Filipinos'

Despite backlash from Duterte’s allies, government officials remain firm that the operation adhered to legal procedures and due process.

“At the end of the day, there’s no deprivation of legal counsel, medicine, or food — none of that happened. We provided everything. In fact, there was more than enough,” Torre reiterated.

Most significantly, he clarified that this was not an attack on Duterte but a pursuit of justice initiated by Filipinos themselves.

“These are Filipinos who lost hope in the judicial system during PRRD’s time. These are people who had no means to fight back, so they went to the ICC,” Torre stated. Confident in the judicial process, he concluded:

“I’m very sure the former president has the capacity to defend himself. I think this is fair.”