Senate Minority seeks legal protection for Filipinos, says Duterte's case 'a denial of due process'

The Senate Minority bloc on Wednesday filed a resolution to safeguard Filipinos against extraordinary rendition and ensure their right to due process.

Senate Resolution No. 307, filed on February 18, 2026, states: “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.”

“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 filing comes amid ongoing debates over the extent of international criminal jurisdiction, particularly when such actions proceed without recourse to domestic judicial processes—an approach the Minority bloc has consistently cautioned could undermine both national sovereignty and due process.

The resolution underscores the constitutional principles of independent foreign policy, national sovereignty, territorial integrity, and due process. It argues that the surrender of former President Rodrigo Duterte to the International Criminal Court (ICC) without affording him access to judicial remedies illustrates a denial of due process and a violation of national sovereignty under Section 17 of Republic Act No. 9851.

It further notes that the inclusion of incumbent senators as alleged “co-perpetrators” in an ICC document exposes them to the risk of extraordinary rendition, reinforcing the need for the State to ensure that all individuals sought for extradition or surrender are given sufficient time and opportunity to seek relief through the courts.

“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 stated.

In a media interview on Wednesday, Senate Minority Leader Alan Peter Cayetano said the measure is grounded not merely in technical considerations, treaty obligations, or statutory interpretation, but in the fundamental spirit 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.

-Paraluman News