VP Sara laments Digong's 'illegal arrest' using foreign warrant

Vice President Sara Duterte on Thursday lamented the illegal arrest of her father, former president Rodrigo R. Duterte, on 11 March by the International Criminal Court (ICC).

During the Senate Committee on Foreign Relations’ motu proprio hearing on the involvement and roles of the ICC, the International Criminal Police Organization, and various government agencies in the arrest of former president Rodrigo Duterte, the Vice President decried the arrest of her father without the presence of an arrest warrant from a Philippine court.

“This was patently an illegal arrest. This constitutes an extraordinary rendition. A Filipino citizen, a former President, was taken into custody without a valid warrant issued by a Philippine court, without due process, and without any legal basis under our laws,” Duterte said.

The Vice President cited Section 2 of the Philippine Constitution, which states: “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature or for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.”

“This means that for an arrest to be lawful, it must be carried out pursuant to a warrant issued by a Filipino judge of a Philippine court,” Duterte stressed.

“Nasaan po ang warrant of arrest na inisyo ng hukuman ng Pilipinas? Wala (Where is the warrant of arrest that was issued by the Philippine Court? None),” she added.

“Without a valid warrant from a Philippine court, this was at best a warrantless arrest.”

Duterte mentioned the Rules of Court, stating that warrantless arrests are “only permitted in three instances—in flagrante delicto, hot pursuit, and escaped prisoner.”

“One of these circumstances applied to the case of the former President. So, what was the legal basis of his arrest?” she asked.

Duterte lamented that Philippine authorities acted solely on an ICC warrant, which she described as a document that has no legal effect in the Philippines unless reviewed and validated by a Philippine court.

“In fact, even assuming without conceding that the government itself wished to recognize and enforce the ICC's warrant, it still violated the Rome Statute itself,” she said.

Even by ICC standards, Duterte said the former President should have been brought before a Philippine judge to determine the validity of his arrest before he was handed over to a foreign court.

Citing Article 59 of the Rome Statute, Duterte pointed out that a state party that has received a request for arrest and surrender “shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9 and shall bring that person before the competent judicial authority in that state.”

“‘Yan ang sinasasabi ko paulit-ulit nung nasa labas ako ng gate ng Villamor Air Base (That’s what I kept saying repeatedly when I was outside the gate of Villamor Air Base). And why was this not done? If they claim to abide by international law and standards, then why did they conveniently choose to ignore this provision?” Duterte said.

Duterte emphasized that the fact remains that the Philippines is no longer a state party to the Rome Statute.

“We are no longer a member of the ICC,” she added.

The former President was arrested upon his arrival at Ninoy Aquino International Airport and was detained for over 10 hours at the 250th Presidential Airlift Wing in Villamor Airbase, Pasay City, before he was flown to The Hague, Netherlands.

Further, Duterte recalled receiving a letter from President Ferdinand “Bongbong” Marcos Jr. dated December 15, 2023, in response to a letter she wrote addressed to the Chief Executive on December 4, 2023.

“Dear Vice President Duterte, this is in reference to your letter, dated December 4, 2023, as well as similar letters sent to the members of the Cabinet, namely Secretary Jesus Crispin Remulla of the Department of Justice and Solicitor General Menardo Guevarra, on even date, with respect to your concerns, legal or otherwise, with the conduct of the investigation by the ICC into the previous administration’s war on drugs. I remain steadfast in my resolve that the jurisdiction of the ICC over the Philippines, after the effectivity of its withdrawal, is very much in question. To this end, the government will not assist in any way, shape, or form. I am certain that all the members of my Cabinet, including yourself, will echo my views on this matter. As my sworn duty, I will continue to defend and assert the sovereignty of the Republic of the Philippines at all times,” President Marcos wrote, as quoted by the Vice President during the hearing.

Duterte questioned the actions of the Philippine National Police (PNP) against her father after reading Marcos's letter, which assured her that the government would not assist the ICC.

“If the government itself has declared non-cooperation with the ICC, why did the PNP violate this very policy and enforce a foreign warrant? Even granting for the sake of argument that we have some duty to cooperate with either the ICC or Interpol, does that duty override the fundamental rights of every Filipino enshrined in our Constitution?” she asked.

Duterte said what happened on March 11, 2025, “is not just about one man; it is about all of us. It is about the country.”

“If a former president can be taken without due process, what stops them from doing the same to any other Filipino? Therefore, we must dare to ask more questions. Under whose authority did the PNP act?” she further stated.

“Why didn't they enforce a foreign warrant without a Philippine court order? Why didn't they at least bring PRRD before a judge as required by the Rome Statute itself?” she added.

Duterte also questioned the silence of the Armed Forces of the Philippines (AFP) on the matter.

“Why did the AFP stand idly by while a former commander-in-chief was taken from a military base under questionable circumstances? How could they allow a foreign tribunal to override our constitutional guarantees? We have now lost a former president. I pray that we do not lose the country next,” Duterte said.

Meanwhile, Duterte lamented the administration’s sudden change of stance on its position regarding the jurisdiction of the International Criminal Court (ICC) in the Philippines.

“That is clearly the Philippine government’s position that there’s cooperation with the ICC. So, kinikilala na nila ngayon ang jurisdiction ng ICC na wala naman talaga, because this is an extraordinary rendition,” Duterte said.

The Vice President likewise slammed the alleged use of resources by the administration to undermine its political opposition.

“We all know, and they know, that what they did was wrong. They did it to demolish political opponents. This is all about politics. The administration is using government resources, the ICC, to demolish the opposition. We have no more arguments. What they did was wrong,” she said.