The Department of Justice (DOJ) has reaffirmed that the arrest of former President Rodrigo Duterte was conducted in full compliance with legal procedures, despite objections from his camp.
Speaking on Super Radyo dzBB, DOJ spokesperson Mico Clavano stated that authorities followed all protocols under both local laws and international agreements, including those outlined in the Rome Statute and Interpol regulations.
“So, we complied with everything, including local rules of arrest. That’s why I can confidently say that what happened was 100% legal,” Clavano said.
Duterte was arrested on Tuesday morning based on a warrant issued by the International Criminal Court (ICC) in connection with the controversial drug war. Hours later, he was transported to The Hague, where the ICC is based.
Legal Interpretation and Defense
Addressing concerns about due process, Clavano argued that prosecutors present during the arrest could be considered a “competent judicial authority,” countering claims that Duterte should have first been presented before a court.
He also dismissed arguments regarding the principle of complementarity, explaining that the ICC is prosecuting Duterte for crimes against humanity, which differs from the murder charges filed in the Philippines.
Duterte Camp Seeks Supreme Court Intervention
Meanwhile, Duterte’s children, Kitty and Baste, have filed separate writ of habeas corpus petitions before the Supreme Court, seeking his return to the Philippines.
Through their legal representatives, they argued that the ICC has no jurisdiction over the Philippines since the country withdrew from the Rome Statute in 2019.
The Supreme Court has since raffled the petitions to a justice for appropriate action.