SENATOR Alan Peter Cayetano on Thursday questioned the government’s handing of former President Rodrigo Duterte to the custody of the International Criminal Court (ICC), pointing to potential legal misrepresentations in the documents submitted to the tribunal.
“The representative of the Philippine government should not just sign — he should have noted there ‘Surrendered to,’ ‘Not applicable,’ et cetera. Kasi ang titingnan ng ICC, y’ung dokumento, hindi y’ung paliwanag,” Cayetano said during the continuation of the Senate on Committee of Foreign Relations’ hearing on the arrest of the former president April 10, 2025.
He was referring to the form titled “Information on the Surrender and Transfer,” which was signed by Special Envoy on Transnational Crime Markus Lacanilao. The form indicated that Duterte received legal assistance during a “national proceeding” — a claim Cayetano said could give a misleading impression.
“When the ambassador signed his name and ang nakalagay na he (Duterte) received legal assistance during a national proceeding, it gives the impression that there was more than just the service of the warrant,” he said.
Cayetano pointed out that the form was critical to showing compliance with human rights obligations, including the appearance of the accused in a local court.
He urged the Department of Justice to consider how future cases should be handled, especially while the legality of the country’s ICC withdrawal is still being reviewed by the Supreme Court.
“While it’s pending, it might be safer to allow the Filipinos to seek redress here kasi pag nandoon na, wala nang rewind,” he said.
Cayetano also questioned Philippine National Police (PNP)-Criminal Investigation and Detection Group (CIDG) chief Nicolas Torre III for denying Vice President Sara Duterte entry to see her father during detention, citing Republic Act No. 7438 which guarantees detained individuals the right to be visited by immediate family and medical professionals of their choice.
“Hindi ba siya anak? Ang nakalagay dito [sa batas], ‘…The person’s immediate family should include his or her spouse, fiancé, parent, or child,’” he said.
Cayetano said the issues should not be dismissed as procedural lapses, warning that actions taken in high-profile cases could influence how frontline law enforcers carry out their duties in future situations.
“Kung ako ay bagong pulis sa Batanes o sa sulok ng Davao, tapos nakita ko na pwedeng hindi papasukin ang doktor o pamilya, baka akalain ko pwede rin sa amin,” he said.
“If the ICC issues another warrant of arrest, will we wait for the Supreme Court to rule or will we allow them to be put a Filipino on a plane and sent to the Hague right away?” he added
