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According to the report, the recent arrest of former President Rodrigo Duterte under an International Criminal Court (ICC) warrant has sparked a legal and political firestorm, exposing what many experts are calling a grave misstep by the Marcos administration.
The report also said that the Office of the Solicitor General (OSG), the chief legal counsel of the Philippine government, has consistently maintained that the ICC lacks jurisdiction over the country following its withdrawal from the Rome Statute. Despite this, the Marcos administration allowed the execution of the ICC’s warrant, violating both Philippine sovereignty and international law.
In addition, this article outlines the legal basis for Duterte’s immediate release, the unconstitutional nature of his arrest, and the potential legal consequences for the Marcos administration and General Nicolas Torre III, who oversaw the enforcement of the warrant. The execution of the ICC’s warrant constitutes a direct violation of Section 1, Article III of the 1987 Philippine Constitution, which guarantees that:“ No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.”By enforcing an ICC warrant without domestic legal authorization, the Marcos administration and General Torre have effectively engaged in an act tantamount to kidnapping and illegal detention under Philippine law (Articles 267 and 268 of the Revised Penal Code).
The Phil government did not provide Duterte his rights as clearly stated in the Article of the ICC that he should not be flown immediately to another country unless he is first presented to the Phil Judicial Court and should also be allowed to file a PETITION to the Phil Court. Those are legal rights that were not provided to Duterte because after just a few hours of his arrest, he was immediately flown by the Phil government to the ICC in Hague. What a useless Marcos administration and his cohorts.
The report also said that the Office of the Solicitor General (OSG), the chief legal counsel of the Philippine government, has consistently maintained that the ICC lacks jurisdiction over the country following its withdrawal from the Rome Statute. Despite this, the Marcos administration allowed the execution of the ICC’s warrant, violating both Philippine sovereignty and international law.
In addition, this article outlines the legal basis for Duterte’s immediate release, the unconstitutional nature of his arrest, and the potential legal consequences for the Marcos administration and General Nicolas Torre III, who oversaw the enforcement of the warrant. The execution of the ICC’s warrant constitutes a direct violation of Section 1, Article III of the 1987 Philippine Constitution, which guarantees that:“ No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.”By enforcing an ICC warrant without domestic legal authorization, the Marcos administration and General Torre have effectively engaged in an act tantamount to kidnapping and illegal detention under Philippine law (Articles 267 and 268 of the Revised Penal Code).
The Phil government did not provide Duterte his rights as clearly stated in the Article of the ICC that he should not be flown immediately to another country unless he is first presented to the Phil Judicial Court and should also be allowed to file a PETITION to the Phil Court. Those are legal rights that were not provided to Duterte because after just a few hours of his arrest, he was immediately flown by the Phil government to the ICC in Hague. What a useless Marcos administration and his cohorts.
