MANILA — Malacañang has dismissed allegations by Vice President Sara Duterte that her father, former President Rodrigo Duterte, was a victim of “state kidnapping” following his arrest and transfer to The Hague to face charges at the International Criminal Court (ICC).

“Papaano magiging kidnapping, eh may warrant of arrest?” said Malacañang Press Officer Undersecretary Claire Castro at a press conference on Wednesday, arguing that Duterte’s detention was legally sanctioned.

Vice President Duterte had earlier criticized the move, saying it lacked legal basis. “This is actually some sort of state kidnapping,” she told reporters on Tuesday. She suggested the move was politically motivated ahead of the 2025 midterm elections.

VP Sara Departs for Amsterdam, Amid Tensions

Vice President Duterte left on a morning flight for Amsterdam on Wednesday, her office confirmed, though it did not provide further details. The Palace said it had no information on whether she had secured clearance for her trip.

“Hindi po namin alam kung nakapag-clearance siya, madalas naman po yata siyang umalis nang walang clearance. I’m sorry for that, wala po tayong information on that,” Castro said.

Her departure comes as tensions rise over her father’s arrest and transfer to the ICC, a move she has strongly condemned.

Duterte to Face ICC Charges in The Hague

Former President Duterte was arrested by Philippine authorities on Tuesday, March 11, under an ICC warrant for alleged crimes against humanity linked to extrajudicial killings during his administration’s war on drugs. He was later flown to the Netherlands.

President Ferdinand “Bongbong” Marcos Jr. confirmed Duterte’s departure from Manila at 11:03 p.m. on Tuesday. He did not provide further details on the government’s role in Duterte’s transfer but said the decision adhered to legal procedures.

Legal Basis for Duterte’s Transfer to ICC

Former Supreme Court Justice Antonio Carpio pointed to Republic Act 9851, or the Philippine International Humanitarian Law, as justification for Duterte’s transfer.

“Merong batas tayo yung RA 9851, that is the Philippine International Humanitarian Law. Kasi we adopted the Rome Statute into our law. Nakalagay sa section 17, ‘In the interest of justice the relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under its act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime.’” Carpio said.

“Instead, the authorities may surrender or extradite suspected or accused person in the PH to the appropriate international court if any or to another state pursuant to the applicable extradition laws and treaties.” Carpio explained.

Carpio also cited the legal doctrine Male Captus Bene Detentus (“wrongly captured, properly detained”), which affirms that the ICC will maintain jurisdiction over Duterte regardless of how he was arrested. “The circumstances of his arrest by the surrendering state will not be inquired into,” he said.

Duterte Family Alleges Mistreatment, Malacañang Denies Claims

Duterte’s son, Davao City Mayor Sebastian “Baste” Duterte, accused authorities of denying the former president necessary medical care, claiming, “They’re trying to murder the old man.”

However, the Palace rejected these accusations, stating that Duterte received proper treatment.

“Kumpleto po ang kasamahan po doon. May mga doktor po, may mga nurse, nandoon din po ang kanyang mga abogado. So wala pong katotohanan na hindi po nabigyan siya ng tamang atensyon especially tungkol sa medical needs na kailangan po niya,” Castro said.

She added that Duterte was not in critical condition and that there was no urgent need for hospitalization.

Opposition and Political Fallout

The arrest has deepened political divisions in the Philippines. Duterte’s allies, including Vice President Duterte, claim the move is an attack on national sovereignty. Others argue that Duterte must be held accountable for alleged human rights violations.

Critics say the war on drugs, which saw thousands of killings between 2016 and 2022, was carried out with impunity. Supporters maintain it was necessary to combat crime.

With Duterte now in ICC custody, the Philippines faces a political and legal test that could have lasting implications for both domestic governance and international relations.

📷 Veronica “Kitty” Duterte