April 11, 2025
MANILA – There was no other option but to surrender former President Rodrigo Duterte to the International Criminal Court (ICC), Justice Secretary Crispin Remulla said during a Senate hearing on Thursday.
At the resumption of the Senate committee on foreign affairs’ investigation into the Duterte case, Sen. Imee Marcos continued to question why the government surrendered Duterte without first getting an order from a local court.
“Why didn’t the administration secure a court order before flying the President out of the country?” she asked Justice Secretary Crispin Remulla.
READ: Surrendering Duterte to ICC doesn’t mean PH courts don’t work – experts
Remulla maintained that there was no need for a court order since Duterte was turned over to the ICC and not extradited to the Hague.
“Extradition can’t be used here because we can’t file for extradition since the person is already here with us,” he explained.
“The extradition mentioned in the law is when the court or the state with the warrant files for extradition to the Philippines, so surrender is really our only option. We have no other option,” he stressed.
Marcos then asked if this move contradicted the 1987 Constitution, particularly Article 3 or the Bill of Rights.
At this point, the Justice chief pointed out that concerned parties were given due process by the ICC.
“As far as we know, this case was investigated for seven years. Notices were given to the concerned parties, informing them that they could be charged, and they were allowed to respond. I know for a fact that they were given notices, questions were provided to them, and they were allowed to answer,” Remulla said.
READ: Palace suggestion: Invite int’l lawyers to Senate’s Duterte arrest probe
Sen. Ronald “Bato” Dela Rosa later asked the DOJ chief where he got the information that there were people who had been notified and asked to respond to the charges at the ICC.
Responding to this, Remulla said it was just a normal process where a court gives a person the opportunity to respond to the accusations against him.
Sen. Marcos interjected, asking Dela Rosa if he was given that chance to reply to the accusations against him in the seven years the ICC was investigating him.
“Someone communicated with the office saying they want to speak with me. So that’s it,” Dela Rosa said.
“Did you speak with them? Because if you did, perhaps they’ve already told you what they wanted to say,” Remulla asked.
“Why should I speak with them? You already said that you don’t recognize the jurisdiction of the ICC. You yourself, from the DOJ, have said many times that it’s not recognized. Why should I recognize it, especially when I’m the one being charged?” Dela Rosa said.
Remulla again pointed to the “residual powers” of the ICC even after the Philippines’ withdrawal from the Rome Statute, the treaty that established the ICC.
It was in 2018 when then president Duterte announced the withdrawal, which only became effective a year after.