Legal expert refutes claims of ‘warrantless’ arrest for Duterte

| Published March 21, 2025

Legal Expert Affirms Legality of Former President Duterte’s Arrest

In the wake of former President Rodrigo Duterte’s arrest on charges of crimes against humanity, debates have surfaced regarding the legality of the procedure. Addressing these concerns, Joel Butuyan, an International Criminal Court (ICC)-accredited lawyer, clarified that the arrest was conducted lawfully, adhering to both Philippine legislation and international agreements.

Legal Framework Supporting the Arrest

Butuyan emphasized that the execution of the arrest warrant aligns with Republic Act 9851, known as the “Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity,” and the Rome Statute, the treaty establishing the ICC. The Philippines ratified the Rome Statute in 2011, incorporating its provisions into domestic law. Although the country withdrew from the ICC in 2019, the court retains jurisdiction over crimes committed while the Philippines was a member.

Counterarguments from Duterte’s Legal Team

Following Duterte’s arrest, his legal counsel, including former Chief Presidential Legal Counsel Salvador Panelo, argued that the arrest was “unlawful” and that Duterte was “deprived of legal representation” during the process. They plan to challenge the ICC’s warrant before the Philippine Supreme Court, asserting that the arrest violates national sovereignty and due process.

Government’s Stance on the Arrest

The Philippine government has maintained that Duterte’s arrest was conducted in compliance with legal obligations. Chief Presidential Legal Adviser Juan Ponce Enrile stated that the arrest was based on a valid warrant issued by the ICC and executed in accordance with both international and Philippine laws.

Public Reaction and Political Implications

The arrest has elicited varied reactions across the political spectrum. Vice President Sara Duterte, the former president’s daughter, described the arrest and subsequent transfer to the ICC as a form of “state kidnapping.” In response, Malacañang refuted her claims, asserting that the actions taken were within the bounds of legal protocols.

Final Assessment

The arrest of former President Duterte has sparked a complex legal and political discourse. While his legal team contests the arrest’s validity, legal experts like Butuyan affirm its adherence to both domestic and international laws. As the situation unfolds, the Philippine judiciary may play a pivotal role in determining the outcome of this unprecedented case.