Sen. Risa Hontiveros:
(0:00:00) The minority leader, Senator Alan Peter Cayetano, is recognized. And to interpellate, the Senate President Pro Tempore, Senator Ping Lacson.
Sen. Alan Peter “Compañero” Cayetano:
(0:00:10) Thank you, Madam Senate President. It will be a privilege to answer questions from the very important Pro Temp, VIP.
Sen. Ping Lacson:
(0:00:20) This is more of a manifestation of support rather than [an] interpellation. However, Mr. President, with the permission of the distinguished minority leader, I would like to be clarified first on the definition of extraordinary rendition. How would you define in your own terms, extraordinary rendition? Medyo matapang lang po. Natatapangan ako sa extraordinary rendition. At the proper time, maybe I can introduce some amendments to just soften the language.
Sen. Alan Peter “Compañero” Cayetano:
(0:00:53) Actually, Mr. President, I had the same reaction when my staff showed me the draft because some of them have exposure in international law. So this is the ordinary rendition. So ordinarily, a local court issues the warrant.
(0:01:16) And then if there’s an extradition request, then based on the extradition request, it’s given to a local court. The local court will then issue its arrest warrant and then would allow the extradition. But for countries who allows extraordinary rendition, so some countries do not allow. For example, Venezuela. Pero kinuha pa rin yung leader nila.
(0:01:44) So I think that was the intent to just emphasize that if it’s not an extradition request, it will be a extraordinary rendition of arresting and what’s the better word of exporting or of extraditing a Filipino.
Sen. Ping Lacson:
(0:02:07) I have a definition of extraordinary rendition, refers to the transfer of a person usually a suspected terrorist or criminal from one country to another without formal legal procedures often to a country where the person may be interrogated outside normal judicial safeguards. So it’s quite strong, Mr. President. And if we’re dealing with the ICC, I don’t think the proper terms or any country that we have extradition treaty with, no?
(0:02:49) I think we should change the language from extraordinary rendition to another…
Sen. Alan Peter “Compañero” Cayetano:
(0:02:55) Just to explain, Mr. President, and then I have no objection to changing it. It is really used by defense lawyers, not only in the ICC, but other courts, when someone is taken from their country and brought to the international courts without first passing the local courts. But as you said, Mr. President, it’s not only the… kasi may connotation by denotation.
(0:03:25) So I would be amendable to protect all Filipinos from extradition, but extradition in the general sense, not in the extradition defined in our law vis-a-vis.
Sen. Ping Lacson:
(0:03:42) Why not just use the rendition? Because rendition simply means handing over a suspect to another jurisdiction, whether it’s another country or an international court.
(0:03:54) I remember, Mr. President, in the Anti-Terrorism Act which I sponsored, there’s a provision there prohibiting extraordinary rendition because we are referring to a terrorist. Kasi ang connotation, kapag sinabing extraordinary rendition, parang kinidnap ng CIA, ta’s dadalhin sa kanila, para i-interrogate without going through the normal judicial processes.
Sen. Alan Peter “Compañero” Cayetano:
(0:04:25) The point is well taken. Mr. President, would the term extrajudicial rendition be acceptable? Because basically, the point of the resolution is that kung sumama [ng] kusa yung inexedite o no problem. Pero kung tingin niya dapat pumunta siya sa korte, hindi dapat extrajudicial. Dapat may judicial process. So would extrajudicial rendition…
Sen. Ping Lacson:
(0:04:51) As in the case of the former president?
Sen. Alan Peter “Compañero” Cayetano:
(0:04:53) Actually, I’m amendable to taking out that paragraph. Because I want to look at this prospectively. I think there will be some political color if we talk about what happened in the past, and besides Mr. President, that case is with the Supreme Court. So the bottom line of this resolution is that if for whatever reason, a mistaken identity, sinasabi nung tao ‘hindi ako yan’, sinasabi ng tao he’s innocent or wala tayong treaty doon, he can run to court before he is removed from the country. Yun lang naman po.
Sen. Ping Lacson:
(0:05:27) Thank you, Mr. President. Maybe we can use extrajudicial rendition. Because if the person arrested by the custodial state will not go through the local court, at least for authenticity.
(0:05:47) My next question, Mr. President, is are you familiar with Article 59 of the Rome Statute?
Sen. Alan Peter “Compañero” Cayetano:
(0:05:54) Yes, Mr. President.
Sen. Ping Lacson:
(0:05:56) It’s very clear here. I’ll just read for the record some of the salient provisions here.
(0:06:06) ‘Number one, a state party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person. Well, that’s a given. Number two, a personal arrest shall be brought promptly before the competent judicial authority in the custodial state which shall determine in accordance with the law of that state that the warrant applies to that person, the person has been arrested in accordance with the proper process, and the person’s rights have been respected’.
(0:06:38) Meron pa nga dito na ‘The person arrested shall have the right to apply to the competent authority in the custodial state for interim release’. Pwede pa nga mag-request ng interim release.
(0:06:50) But of course, kapag grinant yung interim release, the custodial state will have to inform the ICC or the International Court. So it’s very clear even in the Roman Statute na hindi pwede yung basta kapag aresto, deretso sa eroplano, para i-deliver. And it’s the Rome Statute.
(0:07:10) I agree with your interpretation, Mr. President. Not only as a senator, but as the former chief PNP. Ang point ko lang kasi dito, Mr. President, in the previous constitutions, the constitution allowed other authorities to issue warrant of arrest.
(0:07:30) But in the ‘87 Constitution, it’s very clear, it’s only a judge. And kailangan may personal examination.
Sen. Ping Lacson:
(0:07:38) Yeah, personal examination.
Sen. Alan Peter “Compañero” Cayetano:
(0:07:40) So, if you look at the ICC comprehensively and, of course, Article 59. Ang key word jaan is complementarity eh. Dapat nagco-compliment yung dalawa. So if you look at UK, Canada, South Korea, for example, Mr. President, Argentina, Paraguay, South Africa, all of them have provisions whether it’s arrest, to extradition or whether it’s surrender, it gives the individual being arrested an opportunity to run to their local courts.
Sen. Ping Lacson:
(0:08:17) I agree. I completely agree, Mr. President, because it is an utter disrespect to the local court or local authorities to just, you know, without passing through the normal judicial process here, at least for authentication, for verification. The person that has been issued the warrant of arrest will just be brought out of the country.
(0:08:42) But some legal experts are invoking RA 9851, yung sa crimes against humanity. And mind you, Section 17, malinaw din po dito, hindi naman po mandatory. Hindi ito yung kailangan ‘pag ka nahuli, kailangan i-turn over. Kasi hindi po shall ang ginamit,
(0:09:08) In the interest of justice, the relevant Philippine authorities may dispense with investigation or prosecution of a crime punishable under this act if another court or international tribunal is already conducting. That’s another matter. Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court, if any, or to another state pursuant to the applicable, not applicable here, the extradition, because we’re not dealing here with the extradition. So, hindi naman po mandatorily expressed, or hindi mandatory yung sinasabi ng 9851, na i-turn over.
Sen. Alan Peter “Compañero” Cayetano:
(0:09:56) Well, Mr. President, two points.
(0:10:00) One, in the Pangilinan versus Cayetano case. It was made very clear.
Sen. Ping Lacson:
(0:10:06) Who is that Cayetano, Mr. President?
Sen. Alan Peter “Compañero” Cayetano:
(0:10:07) I was Secretary of Foreign Affairs at that time. So, my name was by the process of the Supreme Court. But actually, Sol Gen naman po ang nag-file talaga ng legal arguments, Mr. President. And then, of course, it was Senator Kiko Pangilinan. So, of course, the main issue was whether or not the President can get out of a treaty without concurrence of the Senate. Meron pong discussion doon na sinasabi na ang treaty ay kailangang complies with the Constitution. So any treaty, for example, Mr. President, that says that anyone can arrest anyone but hindi dadaan sa Judge, that’s unconstitutional.
(0:10:50) So if you look at all other countries, ine-emphasize nila yung constitution din nila. And if you look at the Rome Statute, wala namang conflict po eh. Sinasabi din yung Rome Conflict nandun eh. Secondly, Mr. President, of course, we entered the…
(0:11:09) The Rome Statute and the ICC, we ratified it after we passed this law. So, meaning, even assuming you can surrender someone, that doesn’t mean that he cannot go to the judge and question whether… So, for example, Mr. President, hinuli si Joel Villanueva, pero sinabi si Win Gatchalian siya.
(0:11:29) I mean, it might be funny to us, and we might know the difference between the two gentlemen, minsan yung media nagkakamali. But what if you had actual twins, ‘di ba? Si Alan Tan and Ping Tan. And ang hinuhili si Alan, si Ping ang nahuli. Shouldn’t he have the opportunity to go before the court and say, we might have the same DNA, baka magkamukha kami, but that’s not me, that’s my…
(0:11:54) That’s my brother. So, this is the most simple case I can think of. And some people will say hindi na kailangan ito kasi umalis na tayo sa ICC. But remember, Mr. President, so far, ang sabi ng ICC, basta’t yung period na may jurisdiction pa sila. So kung bigla tayong may nakitang mass grave dito at pinagbintangan yung ibang leader ng ibang insurgency, eh pwede nalang silang damputin.
(0:12:19) Or for example sa Marawi, what if someone shows the ICC certain footages na hindi kumpleto? At pinalabas na may binomba na eskwelahan or hospital at crimes against humanity ito or war crimes ito. Will we not allow our generals to go to our court muna? That’s one reason the United States and China, Russia have not ratified or have not joined the ICC because nga of the wartime actions of their military. But in our context, Mr. President, recently, even former Justice Secretary Aguirre was named co-conspirator. Ang lapit na po sa presidente nun kasi alter ego na yun. So, for example, hanga ako sa tao na ‘to and there’s no imputation of anything to him but for example, Mr. President.
(0:13:20) Secretary Ano is now our national security advisor, but he was DILG during Marawi. I cannot see a situation where the ICC wants to arrest him and bigla nalang natin siyang isasakay sa eroplano without him being allowed to go to court or to the Sol Gen to what you call this, to make representations in our local court. Doon papunta, Mr. President, yung aking thinking sa resolution na ‘to.
Sen. Ping Lacson:
(0:13:49) Yes. You mentioned mistaken identity because of some look-alikes. And you also mentioned Vitaliano Aguirre.
(0:14:00) And I have a staff member who looks like Vitaliano Aguirre. He’s here.
Sen. Alan Peter “Compañero” Cayetano:
(0:14:09) Mr. President, Vince Dizon is also here.
Sen. Ping Lacson:
(0:14:15) So, talagang totoo yung sinasabi niyo [na] kailangan talaga dumaan sa local courts para ma-authenticate yung real identity nung person who’s subject of a warrant of arrest. And are you also familiar with Article 89 of the Rome Statute?
Sen. Alan Peter “Compañero” Cayetano:
(0:14:33) Not so much with Article 89.
Sen. Ping Lacson:
(0:14:34) Dito po. Ganun din, wala namang conflict doon sa article kanina, sa 59. Nakalagay dito, the international court may transmit a request for the arrest and surrender of a person together with the material supporting the request outlined in article 91 that’s another article to any state on the territory of which that person may be found and shall request the cooperation of that state in the arrest and surrender anyway minention din dito na State parties shall in accordance with the provisions of this part and the procedure under their national law.
(0:15:18) When the national law that is referred to here is 9851, which I mentioned earlier, as I mentioned earlier, hindi naman po mandatory yung…
Sen. Alan Peter “Compañero” Cayetano:
(0:15:30) Sir President, I agree with the gentleman, Senate President Pro Temp, and I think it falls upon the Supreme Court to come out with its rules. Yung isang reason po nagbunsad sa akin na i-draft tong resolution na ‘to. Noong in-announce ng ICC na meron silang tinatawag na secret warrant of arrest. And I understand. Kasi nga if you’re dealing with war crimes or with genocide, Mr. President, and you’re talking about dictators that have billions of dollars and can hide all around the world, you don’t want to give them advance notice. But on the other hand, Mr. President, if you look at our constitution, the person has the right to see the warrant and to be informed of the charges.
(0:16:23) And my interpretation is a local judge has to see that. So for me, there’s no conflict if the Supreme Court has certain rules regarding that. So meaning, halimbawa po Mr. President, pag dumating yung request dito, mapunta sa isang judge, he’s not allowed to discuss it or announce it publicly until he issues the warrant of arrest and then an operation for the arrest. Ang point lang sa akin, Mr. President, before he is removed from this country, na redress niya pa rin sarili niya sa korte.
Sen. Ping Lacson:
(0:16:58) Thank you, Mr. President. And as I mentioned earlier, I fully support this Senate resolution, of course, subject to style, based on what we have agreed earlier. So that’s all, Mr. President. And I will continue to support this resolution. Thank you very much.
Sen. Alan Peter “Compañero” Cayetano:
(0:17:17) I thank you, Mr. President, for that interpellation. And maybe we can look at the whereas clause that can be interpreted as political, and not only subject to style, but also in substance, so that this can be a bipartisan measure that will ensure the constitutional rights of all Filipinos. Thank you very much, Senator Lacson, for that interpellation.
Sen. Miguel Zubiri:
(0:17:42) Thank you very much, Mr. President and Madam President, and to our dear colleague. To our dear colleague, Senator Cayetano, Minority Floor Leader, I just got a text message. There’s just some proposed amendments. There are no longer any more interpellations, so maybe we can close the period of interpolation.
(0:17:59) And on Monday, I believe the Senate President would like to propose amendments together with Senator Lacson and Senator Kiko Pangilinan as well. So, if it’s alright, we can close the period of interpellation.
Sen. Alan Peter “Compañero” Cayetano:
(0:18:12) And Mr. President, our staff can also discuss so that we can consult everyone and reword it. I think it’s a good day and a good opportunity to just clarify this and may i just emphasize again in the end unless kasi we amend this republic act or come up with a new law which will take time it really falls uh this is really a sense of the senate and I think the one of the addresses will really be the honorable supreme court they did come out with rules for extradition eh.
(0:18:45) But I think there was a statement that it might not be applicable to rules of surrender under this RA. So maybe some clarity will come out of this. So again, thank you, Majority Leader, and to our Madam Senate President.
Sen. Miguel Zubiri:
(0:19:09) With that, Mr. President, Senator Bam Aquino wants to interpellate still on Monday. That’s all right, sir. Minority Floor. I just got the message. He’s not here. He’s out of town. So with that, Mr. President, we move to recognize first before we suspend consideration Senator Christopher Bong Go.
Sen. Risa Hontiveros:
(0:19:36) The gentleman from Davao, Senator Bong Go, is recognized to interpellate.
Sen. Bong Go:
(0:19:42) Mr. President, in relation to our effort to protect all Filipinos against extraordinary rendition, allow me to deliver a manifestation. Actually, it’s not an interpellation.
Sen. Risa Hontiveros:
(0:19:55) To deliver a manifestation. The gentleman is recognized.
Sen. Bong Go:
(0:19:57) Mr. President, members of this office august chamber. I rise today to mark a date for many Filipinos that will never be forgotten. Nata-taon din po ngayon araw na ‘to, exactly March 11…
Sen. Miguel Zubiri:
(0:20:19) Yes, we just want to clear, Madam, sponsor. So my apologies to Senator Bong Go not to, how you say, disturb his manifestation, but maybe it might be proper to suspend consideration first of the measure.
(0:20:35) And then he could proceed with this manifestation. This manifestation is like a privileged speech, I believe. So it’s not… Is it a privileged speech?
Sen. Bong Go:
(0:20:44) No, it’s related also to the topic being discussed.
Sen. Miguel Zubiri:
(0:20:48) On 307? Okay. We can proceed, Madam President. My apologies. It could be part of the records of this particular discussion on Resolution No. 307. My apologies. My apologies. You may go.
Sen. Risa Hontiveros:
(0:21:00) Please proceed, Senator Go.
Sen. Bong Go:
(0:21:03) Thank you, Madam President. Members of this August chamber, I rise today to mark a date that for many Filipinos will never be forgotten. Nata-taon din po, exactly today, one year na po no, March 11, 2025. Last year, on this very same day, was one of the saddest days in our history. It was a day when emotions ran high across our country, a day when millions watched in disbelief as former President Rodrigo Duterte was taken and brought in The Hague.
(0:21:41) Nakakalungkot po na alalahanin ang mga nangyari sa ating mahal na dating pangulong Rodrigo Duterte. Na nag sakripisyo at ibinigay ang kaniyang lahat na makakaya, ayon sa batas, sa bunsod ng kaniyang labis na pagmamahal sa ating mga kababayan. Lalo na sa mahihirap at ordinaryong Pilipino.
(0:22:00) Mr. President, for many of us, it was more than a headline. It was more than a political issue. It was a moment that stirred memories and deep questions about our history as Filipinos. For in that moment, we saw not just a former president, but a man who once carried the mandate of millions, a man who rose from his humble beginnings in Davao City and stood at the helm of this country.
(0:22:28) It is true, Mr. President, that there are moments that divide our opinions but unite our emotions. March 11 was one of those moments across homes, communities, and provinces. Countless Filipino witnessed how someone they once entrusted with the highest office of the land was made to face prosecution and judgment far from his real home.
(0:22:53) Akalain ninyo Mr. President, isang taon na pala ang lumipas, ngunit parang kahapon lang nangyari ang lahat, sapagkat ngayong araw na ito, sapagkat ngayon, hanggang ngayon po ay ang kalungkutan at pangungulila ay nananatila pa rin sa puso ng marami nating kababayan.
(0:23:09) One year has passed, yet the emotions remain as vivid as ever. The pain, the questions, and the sense of loss are still felt by many Filipinos who remember that moment not merely as a political event, but as a deeply personal chapter in their lives.
(0:23:36) That is why, Mr. President, in times like this, we must pause and reflect on principles that go beyond personalities and politics. We must ensure that what happened to former President Duterte should never happen again to anyone. No Filipino, regardless of position, influence, or political affiliation, should ever feel that the legal processes meant to protect our people can be set aside or disregarded.
(0:24:06) Siguraduhin natin na hindi na mauulit sa kahit sino man ang pagsasantabi ng mga legal na proseso. This issue is greater than any of us or any personality. What is at stake here is our sovereignty and judicial independence as a sovereign nation and the dignity of every Pilipino. Kung ang isang dating pangulo ng ating bansa ay maaaring tratuhin ng ganito, papaano nalang po ang ordinaryong Pilipino.
(0:24:35) Nakakalingkot po, matanda na si tatay Digong. In fact yung picture na lumabas na merong oxygen concentrator, totoo po yun. Noong pandemya, bitbit niya ito parati kahit saan siya nagta-travel. Alam naman natin na matapang siya at matatag siya pero kitang kita ko na rin ang kaniyang ini-inda, 71 years old na po siya ngayong March 28 at Fragile na po siya. At maaaring… 81 na po siya. I’m sorry, 81 years old na po siya sa March 28. Kumbaga harmless at fragile na po si tatay Digong. Hindi na po siya dapat ipinilit ilayo sa bansa, hirap na po siyang maglakad, nakasungkod na nga po siya. Maski pagtali ng sariling sintas, hindi na niya maabot. Lahat naman tayo ay tumatanda, lahat tayo ay may minamahal na lolo, lola, at tatay, at kaibigang may edad na. Dapat po’y alagaan nalang po sila dito. Ang sakit na makita na yung taong binibigay lahat para saatin, ngayon ay mag isa sa isang kwarto sa banyagang bansa. Sana muling magkaisa ang mga Pilipino. Sana matuldukan na ang pagkawatak-watak nating Pilipino. Imbis na umunlad, bigla tayong umurong. OFWs nga pinapauwi natin, noong panahon ni dating pangulong Duterte, yung iba nagre-raise po ng funds para mabigay doon po sa blood money. Para mapauwi lang po yung ating mga kababayang OFW. Yun po yung ginagawa namin noon na ginagawa pong paraan na makauwi dito yung mga kababayan nating Pilipino. Pero baliktad po ang nangyari kay tatay Digong, bakit isinuko ang isang sarili nating lahi. Pilipino rin po si tatay Digong, hindi dapat siya pinamimigay sa dayuhan.
(0:26:27) Mr. President, ang bawat PIlipino, mataas o mababa man ang katayuan sa buhay, saan man sa mundo, dapat may gobyernong masasandalan na hindi siya pababayaan. Former President man o hindi, karapatan yan lalo na po pagdating sa kaniyang kalusugan, kaligtasan, at buhay. Mister President, the world today is full of wars, bombings, and mass killings. Walang kasiguraduhan ang bukas para sa lahat. We will never know what will happen tomorrow and in times like this. Let us take it as a call for Filipinos to come together. Let us stand as one, no matter our status, our color, or our political beliefs.
(0:27:13) Siguraduhin natin na ang bawat Pilipino, ano man ang kaniyang estado, kulay at paniniwala, o kinabibilangan sa politika, ay protektado at nirerespeto po ng estado.
(0:27:25) And today, wherever history ultimately places our former President Duterte, one thing remains undeniable, he became a defining figure in the lives of millions of Filipinos. Finally, Mr. President, I humbly ask for everyone’s prayers for former President Rodrigo Duterte, prayers for his health, his safety, and his well-being.
(0:27:49) May he be protected, guided, and keep strong as he faces the days ahead. Maraming salamat po, Mr. President.
Sen. Risa Hontiveros:
(0:27:56) Majority Leader.
Sen. Miguel Zubiri:
(0:28:00) Yes, thank you very much, Madam President. Madam President, to allow Senator Bam to pursue his interpellation, and Senator Kiko on Monday, I move to suspend consideration of the same.
Sen. Risa Hontiveros:
(0:28:10) Consideration of proposed Senate Resolution No. 307 is suspended.
Sen. Miguel Zubiri:
(0:28:16) Thank you very much, Madam President. May I ask for a minute’s suspension, Mr. President?
Sen. Risa Hontiveros:
(0:28:20) Session is suspended.
