Senator Robin Padilla has attempted to file a Senate resolution urging the Philippine government to secure the repatriation of former President Rodrigo Duterte from The Hague, where he is currently detained by the International Criminal Court (ICC).

Padilla said the move aims to promote national unity, allow the Philippines to pursue its own investigations into Duterte’s anti-drug campaign, and assert the country’s sovereignty. 

The resolution calls for Duterte’s return so the government can continue or resume investigations and prosecute any offenses based on available evidence, while also focusing state efforts on poverty alleviation, infrastructure, economic recovery, and climate resilience.

If full repatriation is not possible, Padilla proposed seeking Duterte’s interim release under conditions acceptable to the ICC, without conceding jurisdiction.

However, the Senate’s Bills and Index section did not accept the resolution, citing Rule 44, which terminates all pending matters at the end of a Congress. The 19th Congress has adjourned, but Padilla said he plans to re-file it when the 20th Congress convenes on June 30.

Padilla argued that no Filipino, especially a long-serving public official, should be tried by a foreign tribunal for alleged domestic crimes. He cited the Constitution’s provision on independent foreign policy and the Rome Statute’s complementarity principle, which limits ICC jurisdiction to cases where a country is unwilling or unable to investigate.

He noted that the Philippines withdrew from the Rome Statute in 2018, with the withdrawal taking effect in 2019. He also referenced Philippine law requiring a treaty for the surrender of individuals to international courts.

Padilla cited Duterte’s continued public support, including a recent mayoral win in Davao City and strong Senate backing. He also cited rallies calling for Duterte’s return and a recent survey showing most Filipinos oppose his ICC arrest. He also noted President Ferdinand Marcos Jr.’s May 19 podcast, in which he expressed openness to reconciliation with the Duterte family.IMT