Senate urged to back Duterte’s temporary ICC release, house arrest

Metro Manila, Philippines - Senator Alan Peter Cayetano is urging his colleagues to support former President Rodrigo Duterte’s bid for temporary release from the International Criminal Court’s detention facility and call on the Marcos administration to negotiate for his house arrest.

Cayetano, a known Duterte ally, formalized this call in a proposed Senate resolution filed on Thursday, July 11.

The resolution seeks to express the Senate’s position by urging the Philippine government to advocate before the ICC for Duterte’s interim release, including the possibility of placing him under house arrest or a similar arrangement within the Philippine Embassy in The Hague, Netherlands.

Cayetano noted that the ICC’s Rules of Procedure and Evidence allow the pre-trial chamber to grant interim release under certain conditions, such as residing at a specific address, avoiding contact with victims or witnesses, and complying with summons from authorities or designated tribunal representatives.

Duterte’s camp has requested interim release, but the Office of the Prosecutor urged pre-trial judges to deny it, citing risks of resisting arrest, interfering with witnesses, and obstructing the investigation.

In his proposed resolution, Cayetano argued that since Philippine officials facing criminal charges are still allowed to perform their functions, the same consideration should be extended to Duterte.

“Former President Rodrigo Roa Duterte, under both domestic and international law, is likewise afforded the right to be presumed innocent until proven guilty,” Cayetano said.

He warned that the 80-year-old Duterte’s isolation at the ICC Detention Center poses additional health risks, while house arrest or similar arrangements would benefit his well-being without compromising the trial.

Cayetano, who served as Duterte’s foreign affairs secretary, further argued that Philippine policy mandates the protection of the rights and welfare of Filipinos abroad. He called on the Marcos administration to set aside political differences.

“The least the Philippines could do for its former leader is to advocate for his release and make the necessary arrangements to accommodate him,” Cayetano said.

“To allow the former President – who has worked tirelessly and selflessly for the welfare of the Filipino people – to spend his twilight years far from not only home, but also his family and friends, would be the height of injustice,” he added.

Asked about Cayetano’s appeal, Communications Undersecretary Claire Castro gave a terse response during a press briefing on Friday, July 11.

"Noted," Castro said.

She added that Justice Secretary Jesus Crispin Remulla had already addressed the matter, previously supporting the rejection of Duterte’s request to ensure his presence at trial over alleged extrajudicial killings.