Senator Robin Padilla filed a resolution seeking the repatriation of former President Rodrigo Duterte from The Hague, where he is currently detained.
Padilla’s resolution sought to express the sense of the Senate to urge this course of action to foster reconciliation and national unity and refocus government efforts to address pressing needs.
It sought as well to “assert Philippine sovereignty” and “reaffirm the exclusive right of the Philippines to investigate and prosecute its citizens”.
“Resolved by the Senate, as it is hereby resolved, expressing the sense of the Senate urging the Philippine Government to secure the immediate repatriation of former President Rodrigo Roa Duterte, and thereafter resume or continue investigations into crimes related to his anti-illegal drug campaigns, and prosecute applicable offenses as warranted by the evidence to facilitate reconciliation and national unity; refocus government efforts to address pressing challenges such as poverty alleviation, infrastructure development, economic recovery, and climate change resilience; assert Philippine sovereignty; and reaffirm the exclusive right of the Philippines to investigate, prosecute, or hold accountable its citizens in accordance with its Constitution and legal system,” the legislator said.
“If full repatriation free from ICC jurisdiction is impracticable, the Senate hereby strongly urges the Philippine Government to secure the interim release of former President Duterte to the Philippines under conditions acceptable to the ICC.
“Resolved, further, that if full repatriation free from ICC jurisdiction is impracticable, the Senate hereby strongly urges the Philippine Government to secure, on an ad cautelam basis and without conceding ICC jurisdiction, the interim release of former President Duterte to the Philippines under conditions acceptable to the ICC (International Criminal Court),” the lawmaker added.
He filed the resolution on Monday afternoon, but it was not accepted by the Senate’s Bills and Index section, pursuant to Rule 44 of the Rules of the Senate that “all pending matters and proceedings shall terminate upon the expiration of one Congress.” The 19th Congress had already adjourned sine die.
The senator intends to re-file the resolution in the 20th Congress, which starts on June 30.
In his resolution, Padilla said the Senate affirms that no Filipino, especially one who served as a public servant for 34 years, should be detained or tried by a foreign tribunal for alleged crimes committed in the Philippines.
He also cited Article II, Section 7 of the 1987 Constitution that “(t)he State shall pursue an independent foreign policy”; as well as the Principle of Complementarity, enshrined in Articles 1 and 17 of the Rome Statute, that limits the ICC’s jurisdiction to cases where a State Party is unwilling or unable to genuinely investigate or prosecute crimes within its jurisdiction.
“The Department of Justice (DOJ) and the Office of the Solicitor General have consistently and publicly affirmed that the Philippines maintains a robust criminal justice system, actively investigating and prosecuting alleged crimes related to former President Duterte’s war on drugs, thereby precluding ICC jurisdiction based on the Principle of Complementarity,” Padilla said.
He also noted the Philippines withdrew from the Rome Statute on March 16, 2018, and thus terminated its obligations as a State Party thereto, effective March 17, 2019.
Padilla likewise cited Section 17 of Republic Act No. 9851, which requires an applicable treaty for the surrender of individuals to an international tribunal.
“The Senate, as representatives of the Filipino people, cannot ignore the widespread support for the former President, especially with his overwhelming victory as Davao City mayor in the 2025 polls.
Also, Padilla said the Senate, as representatives of the Filipino people, cannot ignore the widespread support for the former President, especially with his overwhelming victory as Davao City mayor in the 2025 polls, and the election of his staunch allies in the Senate.
Neither can it ignore the “heavily attended rallies nationwide and overseas clamoring for his return” and a May 6 to 9, 2025 survey revealing that most Filipinos disagree with his arrest and surrender to the ICC, he added.
Padilla cited as well President Ferdinand Marcos Jr.’s podcast last May 19 where he expressed openness to reconciliation with Duterte and his family to foster national unity.
