Senator Imee Marcos has filed a bill that seeks to criminalize the act of transferring individuals to foreign jurisdictions without proper legal procedures, in the wake of her strong objection to former president Rodrigo Duterte’s arrest and transfer to The Hague.
Named the “President Rodrigo Roa Duterte Act,” Senate Bill No. 557 defines and penalizes “extraordinary rendition,” referring to the unauthorized surrender of a person to another country for purposes such as prosecution or detention. Marcos said the proposed legislation was triggered by what she described as the illegal transfer of Duterte in connection with the International Criminal Court’s (ICC) investigation.
“What took place on that fateful day was an extraordinary rendition—the [transfer] without due process of a detainee to the custody of a foreign jurisdiction,” Marcos stated in her explanatory note.
The bill outlines that a person must not be transferred to another country without either a Philippine court order or the voluntary, written consent of the individual involved. Doing otherwise, Marcos argued, violates constitutional protections and opens the door to further abuses.
The Anti-Terrorism Act of 2020 already prohibits extraordinary rendition in the context of terrorism cases, but Marcos emphasized that her bill seeks broader application. “It is necessary to make it exceedingly clear… that arresting an individual for the purpose of turning him or her over to a foreign jurisdiction… is against the Constitution,” she warned.
Under the bill, any cooperation or assistance to a foreign or international entity—such as courts, tribunals, or states not formally recognized by the Philippines—would be banned unless proper authorization is obtained from the Department of Justice and the Department of the Interior and Local Government.
Violators may face imprisonment ranging from six months to 20 years and fines reaching P10 million. The bill also grants authorities the power to freeze assets to deter potential violations.
The Palace has maintained that the transfer of Duterte was consistent with international obligations, particularly under Interpol and Philippine laws on crimes against humanity. But Marcos’ measure directly challenges the basis and legality of such cooperation, marking a clear rift in how the issue is viewed within the administration.
