Senators have separately moved to express sympathy for Rodrigo Duterte, initiating legislative resolutions favoring the detained former president ahead of the July 28 opening of the 20th Congress.
Sen. Alan Peter Cayetano, the vice-presidential running mate of Duterte in 2016, has filed a resolution in the Upper House “urging the Philippine government to engage with the International Criminal Court (ICC) to seek house arrest rather than full detention for former President Rodrigo Duterte as he awaits trial.”
Meanwhile, staunch Duterte ally Sen. Robinhood Padilla, is pushing for a resolution seeking the “immediate repatriation” of former President Rodrigo Duterte from The Hague, where he is detained over alleged crimes against humanity.
Padilla’s resolution has reportedly earned the immediate backing of senators Christopher “Bong” Go and Ronald “Bato” dela Rosa, both Davao City natives like Duterte.
A lawyer of alleged victims of Duterte’s drug war, however, thumbed down the initiatives in the Senate.
Lawyer Kristina Conti, also a known human rights advocate, said it is not for the Senate to seek compromises favoring Duterte.
“Mayroon bang kapasidad, may awtoridad ba, kikilalanin ba itong resolusyon na ito ng ICC? Sa puntong ito, hindi — actually sa kahit anong punto hindi kikilalanin ng ICC ang ganitong resolusyon na parang nangingialam sa kaniyang mga proseso,” Conti argued.
(Is there a capacity, authority and personality for the resolutions in the ICC? At this point, none — actually at no point that this will be recognized by the ICC because they appear to be intervening with the court’s processes.)
Cayetano resolution
Cayetano explained that his resolution is not a call for release but “for a humane form of custody that respects both the rule of law and Duterte’s rights under the Constitution and international human rights norms.”
“In other words, Malacañang will talk to the ICC hoping to give an interim release to former President Duterte while he’s awaiting trial,” the senator said. Under his resolution, house arrest could be implemented with strict limitations — “possibly within the Philippine Embassy in The Hague” — ensuring legal safeguards while honoring dignity.
The senator cited precedents where detainees were held in humane conditions both internationally and locally.
“His (Duterte’s) lawyer filed for interim release, which is allowed under the ICC rules as it has happened before. That was a rebel from Congo who was accused of crimes against humanity…We’ve also done this in the Philippines — former senator Leila de Lima was held in a special facility, and senator Trillanes was detained in Camp Aguinaldo,” Cayetano elaborated.
Padilla resolution
For his part, Padilla said his initiative to effect Duterte’s repatriation “would foster reconciliation and national unity, refocusing government efforts on addressing pressing needs.”
The actor-turned-senator cited President Ferdinand Marcos Jr.’s previous statement that he was willing to make peace with the Dutertes.
“This is more than just a resolution,” Padilla said in a statement. “It is a call for unity, for respect of our sovereignty, and for justice for a former president who bravely served the nation.”
Padilla first filed the resolution last June 23 but this was not accepted by the Senate’s Bills and Index Section as the 19th Congress had already adjourned sine die on June 11. He, nevertheless, expressed his intention to refile the resolution in the 20th Congress that will formally open on July 28.
The Senator claimed his resolution was already signed by fellow lawmakers Go and Dela Rosa. He said he remains open to other senators who want to support the resolution.
