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Minority bloc files resolution seeking legal remedies in Philippine courts before any ICC-related action

The Senate Minority bloc on Wednesday filed a resolution expressing the sense of the Senate to protect Filipinos against extraordinary rendition and guarantee them due process.

“It is the sense of the Senate of the Philippines to protect all Filipinos against extraordinary rendition and guarantee them a reasonable time prior to their surrender by or extradition from the Philippines to seek redress from the courts and avail of legal remedies,” Senate Resolution No. 307, which was filed on February 18, 2026, said.

“Due process and national sovereignty are two of the most fundamental tenets of our Constitution, the bedrock of our civil society, without which we can only hope in vain to honor God, build communities, and transform the nation,” it added.

The resolution comes in the wake of unresolved debates over the limits of international criminal jurisdiction without the benefit of redress through local judicial processes — an action the Minority bloc has repeatedly warned undermines both sovereignty and due process.

It highlights the constitutional mandates of independent foreign policy, national sovereignty, territorial integrity, and due process, arguing that former President Rodrigo Duterte being surrendered to the International Criminal Court without affording him judicial redress exemplifies a denial of due process and an abrogation of national sovereignty under Section 17 of Republic Act No. 9851. 

It also notes the naming of incumbent senators as ‘co-perpetrators’ in an ICC document making them vulnerable to extraordinary rendition, underscoring the necessity for the State to ensure all persons sought for extradition or surrender are guaranteed reasonable time and opportunity to access the legal system.

“Due process and the rule of law should not be sacrificed at the altar of a blind pursuit of justice. The 1987 Constitution guarantees that in all criminal prosecutions, an accused shall be presumed innocent until the contrary is proved, and that no person shall be deprived of life, liberty, or property without due process of law,” the resolution noted. 

In a media interview on Wednesday, Senate Minority Leader Alan Peter Cayetano said the resolution is anchored not merely on technicalities, treaties, or statutory interpretation but on the very spirit and essence of the 1987 Constitution.

“Ang diwa ng ating Saligang Batas ay malinaw: kung may problema o paratang laban sa isang Pilipino, may karapatan siyang dumulog sa ating mga hukuman. Hindi maaaring isantabi ang ating mga korte,” he said.

“Kung ang magiging interpretasyon ay kapag may arrest order mula sa ICC o kahit anong international court ay agad na dadamputin at dadalhin sa ibang bansa, napaka-delikado nito. Hindi lang ito usapin ng isang tao — usapin ito ng ating soberanya at ng ating constitutional framework,” he added. ###

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