Members of the House Committee on Justice said President Ferdinand “Bongbong” R. Marcos Jr. cannot be impeached and removed from office over the 11 March 2025 arrest and turnover of former President Rodrigo Roa Duterte to the International Criminal Court for alleged crimes against humanity.

This was the prevailing view during the committee’s deliberation on the sufficiency in substance of the impeachment complaint filed by lawyer Andre de Jesus and endorsed by House Deputy Minority Leader and Pusong Pinoy Party-list Rep. Jernie Jett Nisay.

Committee members aired their positions as the panel, chaired by Batangas Rep. Gerville Luistro, discussed Impeachment Allegation No. 1 in the De Jesus complaint. The allegation accuses the President of betrayal of public trust, an impeachable offense under the Constitution, for allegedly allowing the “kidnapping and surrender” of former President Duterte to the ICC.

Both the majority and minority blocs agreed that the government legally carried out an ICC arrest warrant coursed through Interpol and that President Marcos cannot be impeached for enforcing such a warrant.

Several lawmakers also criticized the evidence submitted by De Jesus, noting that it consisted largely of news articles.

Bicol Saro Party-list Rep. Terry Ridon was the first to oppose the complaint, saying De Jesus “lacks personal knowledge and authentic documents” to support his allegations against the President.

Ridon said five of the attached pieces of evidence were news articles, while three were congressional documents related to hearings on Duterte’s arrest that were not certified true copies.

“Para sa akin, walang batayan…there is insufficiency of substance,” said Ridon, who chairs the House Committee on Public Accounts.

Manila Rep. Joel Chua, vice chair of the justice panel, agreed with Ridon, saying that for a charge of kidnapping to prosper, the “offender must be a private individual.”

“Dito pa lang tapos na ang (De Jesus) impeachment complaint,” Chua said.

Former justice secretary and Mamayang Liberal Party-list Rep. Leila de Lima said De Jesus failed to cite “specific facts” surrounding Duterte’s arrest and turnover to the ICC.

She said the accusations against the President were “mere general allegations.”

“Former President Duterte was not surrendered but arrested on the strength of an ICC warrant,” said De Lima, a former senator.

Cagayan de Oro City Rep. Rufus Rodriguez said the Philippine government “was duty-bound to enforce the ICC arrest warrant in compliance with international law.”

Other committee members, including FPJ Panday Bayanihan Party-list Rep. Brian Poe and Galing sa Puso Party-list Rep. Jan “Atty. JP” Padiernos, questioned Nisay on Allegation No. 1 and the evidence supporting it.

“Has there been a kidnapping case filed against the President or any administration official (in connection with Duterte’s arrest)?” Poe asked. Nisay replied that there was none.

Padiernos asked whether the President issued an arrest order or any directive against his predecessor. Nisay said he was not aware of any, but noted that the Philippine National Police, which carried out Duterte’s arrest, is under the President.

Padiernos said there must be an “overt act attributable to the President” related to the arrest.

“I think the fact na wala siyang ginawa is an impeachable offense,” Nisay said.

“No, omission is not a ground for impeachment,” Padiernos countered.

Quezon City Rep. Jesus Suntay asked Nisay whether the De Jesus complaint was supported by evidence other than those cited. Nisay said there was none and that the attachments consisted mostly of news articles “because these are readily accessible.”

“But the President cannot be impeached based on news reports,” Suntay said.

Noting that no committee member had expressed support for Allegation No. 1 during the lengthy discussions, Palawan Rep. Jose C. Alvarez moved to dismiss the De Jesus impeachment petition.

Luistro, however, reminded Alvarez that the committee would “vote on the entirety of the complaint and not on specific allegations,” and that the panel still had to deliberate on the remaining accusations against the President.

The justice panel proceeded with its discussions after voting to include the verification of the authenticity of attachments to the De Jesus complaint in determining its sufficiency in substance.

Baguio City Rep. Mauricio Domogan, a former judge, said the issue should not have arisen, noting that House impeachment rules require allegations to be supported by “personal knowledge” and “authentic” documents.