Senate must uphold due process amid ICC warrant issue — Senator Alan

Senator Alan Peter Cayetano on Friday reaffirmed the Senate’s role as a guardian of legal rights and due process amid the issue of the International Criminal Court’s (ICC) warrant against former President Rodrigo Duterte 

In a media interview on March 14, 2025, Cayetano emphasized the need for the Senate to uphold its integrity while ensuring that legal processes are followed, cautioning against actions that could trigger a constitutional crisis amid the ongoing debate over the ICC’s jurisdiction.

“You know my personal stand — I’m avoiding politics, I’m avoiding partisanship. But y’ung pinaka-basic is due process and being able to seek legal remedies,” he said.

Cayetano pointed out that the Philippines’ legal system requires any foreign warrant to be validated by local courts before enforcement, in accordance with the 1987 Constitution and existing Philippine laws. 

He questioned the manner in which the ICC’s warrant might be executed, stressing that local courts should have the authority to decide before any individual is taken into custody and transported abroad.

“Can they just come here, get a warrant, hulihin mo, at isakay mo sa eroplano?” he said. 

“My view is no, you bring the warrant to the DOJ or the police, they bring it to court, the court validates it, and upon validation our court orders his arrest based on that foreign warrant of arrest and based on the treaty,” he added.

Beyond the ICC issue, Cayetano emphasized the Senate’s broader role in protecting constitutional rights and ensuring fair legal proceedings. 

He noted that the same principle applies to all cases, regardless of political affiliations, and reiterated his call for a balanced and just approach to legal matters.

“The Senate’s role is not to favor one political side or another. It is to uphold what is right. If we allow shortcuts now, it could set a dangerous precedent for any Filipino in the future,” he said.

As the legal debate over the ICC’s authority in the Philippines continues, Cayetano called for clarity from the Supreme Court to guide the country’s response.

“It’s the confusion that’s the killer. The Supreme Court’s guidance will be crucial so we all know the proper course of action,” he said.

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