Senate Minority Leader Alan Peter Cayetano on Wednesday emphasized that Filipinos facing international arrest warrants must be given the opportunity to go before Philippine courts before being surrendered to a foreign tribunal.
During the period of interpellation on Senate Resolution No. (SRN) 307 on March 11, 2026, Cayetano clarified that the measure is prospective and not tied to any single personality or pending case.
“I want to look at this prospectively. I think there will be some political color if we talk about what happened in the past. The bottom line of this resolution is that, for whatever reason, every Filipino should be able to run to [a Philippine] court before he is removed from the country,” he said.
During the interpellation, Senate Pro Tempore Panfilo “Ping” Lacson sought clarification on the concept of “extraordinary rendition” and suggested possible amendments to the language of the resolution to avoid confusion with the legal definition of extradition.
In response, Cayetano explained that the measure addresses situations where a person could be taken out of the country without undergoing normal judicial processes in Philippine courts.
He noted that under standard practice, arrest and extradition requests are first reviewed by local courts, which determine whether surrender to another jurisdiction is proper.
He warned that bypassing this process would undermine constitutional safeguards.
“Anyone who arrests anyone but hindi dadaan sa judge, that’s unconstitutional,” he said.
Cayetano added that international legal frameworks, including the Rome Statute, still recognize the role of domestic courts in the process of arrest and surrender.
“Ang key word diyan is ‘complementarity.’ Dapat nagko-complement y’ung dalawa,” he said, referring to the relationship between international tribunals and domestic legal systems.
He also pointed out that several countries, including the United Kingdom, Canada, and South Korea, require domestic judicial review before a person can be surrendered in response to arrest warrants issued by the International Criminal Court (ICC).
Cayetano said allowing individuals to seek relief before Philippine courts protects not only high-ranking officials but also ordinary citizens who might face mistaken identity or questionable accusations.
“Shouldn’t he (accused) have the opportunity to go before the court and say we might have the same DNA, baka magkamuka kami but that’s not me, that’s my brother,” he said.
The Minority Leader noted that even under Republic Act No. 9851, which deals with crimes against humanity and related offenses, surrender to international courts is not mandatory and may depend on the judgment of Philippine authorities.
“Ang point lang, before he (accused) is removed from this country, ma-address niya pa rin y’ung sarili niya sa [sarili nating] korte,” he said.