Justice Secretary Jesus Crispin Remulla on Thursday, April 10, said the Philippine government had no other legal option but to surrender former President Rodrigo Duterte to the International Criminal Court (ICC), amid rising criticism from lawmakers questioning the administration’s decision.
“We have no other option,” Remulla told senators during a heated inquiry. “Extradition can’t be used here because the person is already with us. Under the law, extradition only applies when a foreign state or court requests it from the Philippines. That didn’t apply in this case.”
The statement was in response to Senator Imee Marcos, the elder sister of President Ferdinand Marcos Jr., who demanded to know why the administration failed to secure a court order before flying Duterte out of the country.
Marcos also raised concerns that the surrender may have violated constitutional protections. In particular, the senator asked if the move contradicted the 1987 Constitution, particularly Article 3 or the Bill of Rights.
Remulla maintained that due process was observed throughout the ICC’s investigation into Duterte’s controversial anti-drug campaign. “This case was investigated for seven years,” he said. “Notices were given to the concerned parties. They were informed that they could be charged, and they were allowed to respond.”
Senator Ronald “Bato” dela Rosa, a key figure during the Duterte administration and a fellow accused in the ICC probe, cast doubt on Remulla’s assertion.
Dela Rosa, the Philippine National Police chief during the Duterte administration, asked Remulla where they got the information that people were notified and asked to respond to the ICC.
“It was just a normal process where a court gives a person the opportunity to respond to the accusations,” Remulla said.
Marcos then asked Dela Rosa if he was given a chance to reply to the accusations during the seven years the ICC was investigating.
Dela Rosa then said someone had communicated with his office saying they wanted to speak with the senator.
“Did you speak with them? Because if you did, perhaps they’ve already told you what they wanted to say,” Remulla said.
“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 responded.
Duterte was arrested on March 11, 2025, at Manila’s Ninoy Aquino International Airport upon his return from Hong Kong. The arrest followed the issuance of an ICC warrant charging him with crimes against humanity related to his controversial anti-drug campaign during his presidency from 2016 to 2022. (TCSP)
