Justice Secretary Jesus Crispin “Boying” Remulla clarified that former President Rodrigo Duterte could not have been extradited to the International Criminal Court (ICC) because the Philippines had already severed its ties with the tribunal.
“Kung tayo po ay member ng ICC, kailangan po ng judicial proceedings… pero siya po mismo ang nag-atras ng ating membership eh,” Remulla told senators on Thursday during a hearing.
The statement came amid concerns raised by pro-Duterte lawmakers over why the former president was turned over to the ICC, despite the Interpol Red Diffusion only calling for Duterte’s location and arrest “with the view to extradition.”
Senator Ronald “Bato” dela Rosa, a known Duterte ally, argued, “Wala namang sinabi ditong surrender, extradition lang… bakit hindi natin hinintay ‘yung ICC na mag-initiate ng extradition laban kay Pangulong Duterte?”
But Remulla explained that without a treaty binding the Philippines to the ICC, extradition is not a viable path. “May treaty po na kinakailangan para ho magkaroon ng extradition, eh wala pong treaty eh kasi nga nagwithdraw na tayo sa ICC,” he said.
The Justice Secretary emphasized that under existing Philippine law, specifically Republic Act 9851 or the Philippine Act on Crimes Against International Humanitarian Law, surrender remains an option.
“Wala na hong extradition na route. Ang nangyari surrender route na lang ang naiwan,” Remulla noted. “Ang surrender po ay isang option na pwedeng gawin.”
Senator Imee Marcos questioned the government’s decision, insisting there was no obligation to surrender Duterte. However, Remulla countered: “Ang obligasyon nito to the rest of humanity eh… Kasi ang sinusunod po natin ‘yung ating International Humanitarian Law that is contained in Republic Act 9851, Section 17.”
Dela Rosa further asked why Duterte wasn’t simply detained in the country. “Bakit mo byinahe? Pwede mo namang i-surrender sa local courts natin, ipakulong mo dito sa Pasay. Bakit mo sinurrender?” he pressed.
Remulla responded, saying it was the government’s “best judgment under the circumstances for our country.”
Duterte, who was arrested earlier this March, was flown to The Hague and is now detained at the Scheveningen Prison. On March 14 (PH time), he appeared via video link at the ICC where charges connected to his controversial war on drugs were read. A confirmation of charges hearing is scheduled for September 23, 2025.
