Senator Alan Peter Cayetano called for a sincere reassessment of the Philippines’ position on the International Criminal Court (ICC), emphasizing that domestic courts – particularly the Supreme Court – should first handle key legal issues to ensure that accountability remains within the country before irreversible international actions are taken. “Please consider this carefully. Kung mag-issue uli ang ICC ng arrest warrants, I honestly ask you to allow the defendants to go to court. The safer option kasi is they go before Philippine courts kasi kapag nandoon na sa ICC, wala nang rewind. Wala nang remedy dito,” Cayetano told Justice Secretary Jesus Crispin “Boying” Remulla during the April 10, 2025 Foreign Affairs Committee hearing on the ICC case of former President Rodrigo Duterte.
Cayetano underscored the absence of a global supreme court, noting that once a case reaches the ICC, the country loses its ability to interpret and act under its own legal framework. “My problem is walang World Supreme Court so there’s only the ICC and the appellate courts. Unlike kung dito filed sa judiciary natin, then we can come up with our interpretation. Whether the ICC has jurisdiction or not would have been considered under Philippine law and President Duterte would have been able to present his case, not only on jurisdiction issues but also on whether or not there is probable cause (in his crimes against humanity case),” he said.
The senator acknowledged that while the Supreme Court is currently reviewing cases involving Duterte’s arrest and transfer to the ICC, future cases should be carefully considered under local jurisdiction, even without the ruling of the high court. “We can argue back and forth, but the reality is nandoon na sa ICC si President Duterte. But [this appeal] is for future cases, whether it’s Senator Bato (Ronald dela Rosa) and for others named (in the case),” he said. Doing so, Cayetano said, would establish clearer legal guidance and ensure that justice remains grounded in the country’s own constitutional and judicial processes.
