Published March 11, 2025
On March 11, 2025, former President Rodrigo Duterte was arrested at Ninoy Aquino International Airport upon his return from Hong Kong. His arrest was based on an International Criminal Court (ICC) warrant issued on March 7, 2025, for 43 counts of crimes against humanity linked to his administration’s anti-drug campaign. However, Philippine authorities did not present the warrant at the time of arrest, raising concerns about due process violations and human rights abuses during his detention.
While Duterte may indeed be guilty of the crimes stated in the ICC warrant, his constitutional rights should have been respected throughout the arrest process. The Philippine National Police (PNP) allegedly failed to follow legal procedures, resulting in serious legal and ethical issues surrounding the arrest.
—
Legal Issues Surrounding Duterte’s Arrest
1. Warrantless Arrest: Was It Legal?
Under Philippine law, arrests without a warrant are only allowed in specific situations, such as:
If the person is caught committing a crime (in flagrante delicto).
If there is probable cause that the person has just committed a crime.
If the person is an escapee from detention.
Since Duterte was not caught in the act of committing a crime and was not a fugitive under Philippine law, his arrest without presenting the ICC warrant appears questionable and possibly unlawful under domestic law.
2. Denial of Medical Care: A Human Rights Violation
Following his arrest, Duterte’s hypertension spiked, but the PNP allegedly denied him medical care. This violates:
RA 7438 (Rights of Persons Arrested, Detained, or Under Custodial Investigation) – which guarantees medical treatment for detainees.
RA 9745 (Anti-Torture Act of 2009) – which prohibits cruel, inhuman, or degrading treatment, including the denial of basic health care.
The 1987 Philippine Constitution – which protects the right to life, liberty, and due process.
If proven, PNP officers involved could face administrative, criminal, and civil liability for illegal detention, reckless imprudence, or even human rights violations.
—
The Government’s Response (or Lack Thereof)
1. Lack of Clarity on the ICC Warrant Execution
The Philippines withdrew from the ICC in 2019, raising legal uncertainties about whether authorities were obligated to enforce the warrant. However, if the government had already recognized the ICC’s jurisdiction or agreed to cooperate, they should have followed due process and presented the warrant properly.
2. No Immediate Investigation into Police Misconduct
So far, there has been no official statement from the government regarding the PNP’s failure to present the warrant or provide medical care. If no investigation is conducted, this could be seen as a government cover-up or a sign of selective justice.
3. Political and Public Reaction
Duterte’s supporters argue that the arrest was politically motivated and a violation of his rights.
Human rights groups emphasize that Duterte must be held accountable but also stress that his rights should have been respected during the arrest.
Legal experts point out that while Duterte’s crimes are serious, the failure to follow proper legal procedures weakens the legitimacy of his arrest.
—
What Should Be Done Next?
1. Conduct an Investigation into the PNP’s Actions
The Department of Justice (DOJ) or Commission on Human Rights (CHR) should investigate:
Why the PNP arrested Duterte without presenting the ICC warrant.
Why he was denied medical care despite a health emergency.
Whether officers involved should face disciplinary or criminal charges.
2. Ensure Proper Legal Proceedings for Duterte
To uphold the rule of law, Duterte should:
Be given a fair trial and access to legal representation.
Have the charges against him properly reviewed in accordance with ICC procedures.
3. Strengthen Cooperation with the ICC
If the Philippine government is serious about holding Duterte accountable, it should:
Clarify its stance on ICC cooperation.
Work with international legal bodies to ensure justice is served without violating due process.
4. Protect Human Rights of All Detainees
Duterte’s case highlights the need for stronger human rights protections, even for those accused of serious crimes. The government should:
Enforce laws protecting detainees’ rights.
Train law enforcement agencies on proper arrest procedures.
—
Final Thoughts
While Duterte must face accountability for his alleged crimes, the mishandling of his arrest raises serious legal and ethical concerns. The PNP’s failure to present the warrant and their denial of medical care could lead to further legal consequences, including potential criminal liability for officers involved.
The government must now correct its mistakes by ensuring a fair and legal process moving forward. If the rule of law is to be upheld, it must apply to everyone—including both the accused and those enforcing justice.
READ FULL ARTICLE
SOURCE: NEWSCATS -CMT
