Baste Duterte files criminal charges over ICC arrest of father

Acting Davao City Mayor Sebastian “Baste” Duterte on Monday filed a battery of criminal and administrative charges against several high-ranking government officials — including Cabinet members and law enforcement leaders — over the March 11 arrest of his father, former President Rodrigo Duterte.

The charges, filed with the Office of the Ombudsman for Mindanao, include kidnapping, arbitrary detention, and usurpation of judicial functions, along with alleged violations of the Anti-Graft and Corrupt Practices Act.

At the heart of the complaint is the claim that Duterte’s arrest — executed under the authority of a warrant issued by the International Criminal Court (ICC) — was illegal and politically motivated.

The move further deepens the already fraught divide between the Duterte camp and the Marcos administration and raises concerns over the potential weaponization of domestic legal processes to retaliate against officials fulfilling international legal obligations.

Named in the complaint are Interior and Local Government Secretary Juan Victor Remulla, Defense Secretary Gilbert Teodoro, National Security Adviser Eduardo Año, Justice Secretary Jesus Crispin Remulla, Justice Undersecretary Nicholas Felix Ty, former Philippine National Police (PNP) chiefs Gen. Nicolas Torre III and Gen. Rommel Marbil, as well as officials Markus Lacanilao, Anthony Alcantara, Richard Anthony Fadullon, and Brig. Gen. Jean Fajardo.

They are facing charges of kidnapping, arbitrary detention, qualified direct assault, expulsion, and usurpation of judicial functions under the Revised Penal Code. They also face accusations of violating Republic Act 3019, or the Anti-Graft and Corrupt Practices Act.

Lawyer Israelito Torreon said the complaint was officially filed at 8:55 a.m. As per his Facebook post:

It is official that as of 8:55am September 15, 2025, Mayor Sebastian Z. Duterte filed 9 Criminal Cases before the Office of the Ombudsman for Mindanao for Kidnapping and other crimes against Secretary Juan Victor Remulla, Secretary Gilbert Teodoro, Secretary Eduardo Año, Secretary Jesus Crispin Remulla, USEC Nicholas Felix Ty, PGeneral Rommel Francisco Marvin, PGeneral Nicolas Deloso Torre, Markus Lacanilao, Prosecutor Richard Anthony Fadullon, PGeneral Jean Fajardo and John Does.

The charges stem from the arrest and transfer of former President Rodrigo Duterte to International Criminal Court (ICC) custody in The Hague, Netherlands, where he is currently detained over allegations of crimes against humanity related to his administration’s war on drugs.

The Duterte camp has also filed a motion seeking his interim release from detention. However, ICC Deputy Prosecutor Mame Mandiaye Niang previously opposed the request, citing public statements made by Duterte’s daughter, Vice President Sara Duterte.

In a September speech delivered in The Hague, the vice president claimed her father had been “kidnapped” by the ICC and labeled the arrest “illegal.” She also admitted, though jokingly, to discussing the idea of breaking her father out of ICC detention with a colleague.

The case continues to draw intense political and legal scrutiny both locally and internationally, as the former president’s supporters rally against what they describe as an “unjust” detention, while human rights advocates maintain that the ICC’s involvement is a necessary step toward accountability.

The Office of the Ombudsman has yet to issue a statement regarding the complaint.