By Erica Mae P. Sinaking
The Office of the Solicitor General (OSG) said that the Philippine government, in compliance with both international and domestic laws, prosecuted former President Rodrigo R. Duterte was legally arrested and surrendered to the International Criminal Court (ICC).
In a statement on February 17, Solicitor General Darlene Marie B. Berberabe said the OSG told the Supreme Court of the Philippines that Mr. Duterte's transfer to The Hague in 2025 was a legitimate exercise of executive power.
“The OSG said the government acted in accordance with both international law and Section 17 of Republic Act No. 9851,” Ms. Berberabe said, referring to international humanitarian law and Philippine law on genocide and other crimes against humanity.
He said, “It stressed that the legal requirements for the surrender of the former president were met, namely: that another court or international tribunal is investigating or prosecuting; the surrender is in the interests of justice; and the surrender complies with applicable laws and treaties.”
The OSG was responding to the 2025 petition filed by Mr. Duterte and Senator Ronald M. dela Rosa, as well as habeas corpus petitions filed by the former president's children following his arrest at the Ninoy Aquino International Airport.
In a supplementary memorandum in January, the OSG urged the court to dismiss the petitions, arguing that because Mr. Duterte is in the Netherlands, any order by the Philippine court would have no “extraterritorial effect.”
Separately, the OSG asked the High Court to dismiss Mr. Dela Rosa's petition to block a possible ICC warrant against him.
“The OSG further stated that Senator dela Rosa failed to show the existence of any ICC arrest warrant against him, let alone any imminent government action,” the Solicitor General said.
The OSG stated that in the “absence of a concrete government act” affecting the senator's rights, there is no due process violation that would justify a temporary restraining order or injunction.
Mr. Dela Rosa, who was recently identified as an “accomplice” in the ICC's charge sheet, is absent from the Senate after Ombudsman Jesus Crispin C. Remulla spoke of a possible arrest warrant related to his role in the Duterte administration's anti-drug campaign.
The OSG's confirmation comes days before the ICC's Pre-Trial Chamber I is scheduled to begin confirmation of charges hearings on February 23 to determine whether the crimes against humanity trial will proceed.