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Lawyers of former president Rodrigo Duterte may argue Philippine courts can prosecute him; Senator Bato dela Rosa questions why no case has been filed

Cena de Guzman-Trinidad March 14, 2025 at 02:36 PM

MANILA, Philippines – Lawyers of former President Rodrigo Duterte may raise the issue of admissibility rather than jurisdiction as part of their defense when hearings begin at the International Criminal Court (ICC) against the former president.

Duterte is facing charges of crimes against humanity for his bloody drug war during his six-year term.

Atty. Theodore Te stated that it is ultimately up to the ICC judges whether they will allow this argument on admissibility rather than jurisdiction.

The former Supreme Court spokesperson noted that this argument had previously been raised with the Solicitor General, but the ICC ruled that they could proceed with the investigation, which led to Duterte’s arrest.

Duterte’s lawyers may argue before the ICC, under the Rome Statute, that Philippine courts have the capacity to prosecute the former president, adding that “karapatan nila na ihain yung argument na yan at nasa ICC na kung papayagan nila yung argument.”

On the issue of the Writ of Habeas Corpus, Te declined to discuss details but emphasized that the Supreme Court (SC) is a practical court.

In an interview with Balitanghali, Te stated that the SC always considers the practicality of issues, “kung mag-issue ng relief, kung makakatulong o hindi makakatulong.”

Dela Rosa Seeks Senate Protection, Questions Lack of Cases Against Them

Meanwhile, Senator Ronald “Bato” dela Rosa revealed that he asked Senate President Francis Escudero to provide him protection should the ICC issue a warrant of arrest against him.

“Kung lalabas yung warrant of arrest ko, kung ako’y ipapahuli talaga ng ating gobyerno, I will avail of the protection that is accorded to me by the Senate as an institution,” Dela Rosa said, adding that he would surrender if the Senate could no longer protect him.

He also questioned why no case had been filed against them three years into the presidency of Ferdinand Marcos Jr.

“Sa tagal na wala na sa poder si Duterte, tatlong taon ng presidente si Bongbong Marcos, bakit hindi sila nag-file ng kaso sa amin? Bakit gusto nila foreign justice kung meron naman domestic justice dito sa ating bansa?” Dela Rosa said.

Dela Rosa Denies Hiding

Dela Rosa denied allegations that he was hiding, asserting that if he wanted to evade authorities, he could easily do so.

“Napakalaki ng Pilipinas na kung gusto ko magtago, umiwas sa kanila, I can do that. I have supporters all over the country na magkanlong sa akin, but ayaw ko ma-harass pamilya ko,” he said.

In an interview with ANC Digital, Dela Rosa also defended the government’s deadly drug war, arguing that casualties were inevitable in their fight against drug syndicates.

“Very complicated and sophisticated yung drug situation natin kaya huwag ninyo ako sabihan na dapat walang mamatay,” he added.

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