THE ARREST of former president Rodrigo Duterte for alleged crimes against humanity was only a matter of time given the progressing of the investigation of the International Criminal Court (ICC) into his bloody drug war and the fallout between his family and the Marcoses, UST Political Science professors said.
Political Science instructor Ana Esperanza Aquino said the ICC investigations were “expected” after the alliance between the Marcos and Duterte camps crumbled last year.
“We are just waiting for the time when the Palace or BBM (Bongbong Marcos) would support the ICC,” Aquino told The Flame.
The falling out between the two influential political families became apparent when Vice President Sara Duterte resigned as education secretary and vice chairperson of the government’s anti-insurgency task force in June 2024.
Sara, who was President Ferdinand Marcos, Jr.’s running mate during the 2022 elections, was impeached by the House of Representatives in December over questions surrounding her use of confidential funds, among other issues. The elder Duterte had claimed that the impeachment of his daughter was an attempt to stop her from running for president in 2028.
Faculty of Arts and Letters secretary Asst. Prof. Louie Benedict Ignacio said the former president’s statements on his involvement in the drug killings might have created manifestations to expedite the investigation.
“There were so many instances that he himself made statements that are self-incriminatory,” Ignacio, a political science professor, said.
“He said that if there would be an investigation, it’s him, not the police, because it’s him who gave orders,” he added.
Duterte was arrested upon his arrival from Hong Kong on March 11 in a move that Malacañang said was in compliance with the Philippines’ commitments to the International Criminal Police Organization or Interpol. The arrest warrant was issued by the ICC, which initiated investigations into Duterte’s anti-drug campaign in 2018.
The former president’s controversial campaign against narcotics left more than 6,000 suspects dead. However, human rights groups suggested that the death toll may have reached more than 30,000.
Four days before his arrest, Duterte left for Hong Kong to attend a campaign sortie of the senatorial candidates of his political party Partido Demokratiko ng Pilipino Lakas ng Bayan.
His supporters claim that the arrest was illegal since the Philippines is no longer a member of the ICC. Duterte withdrew the country from the Rome Statute, the treaty that formed the ICC, in 2019 after the international court expressed readiness to probe his drug war.
However, the ICC maintains that it has jurisdiction over crimes allegedly committed in the Philippines while the country was a state party to the Rome Statute.
Political Science department chair Assoc. Prof. Dennis Coronacion said Duterte used the narrative of his incarceration to “portray himself as a victim of the administration.”
“The way I see it, that’s what he wants to portray. That he is a victim of this ‘power play’ of the administration. And by doing that, he wants to get the sympathy of the Filipino public,” Coronacion added.
Coronacion noted that Duterte had vowed to take “full, legal, and moral responsibility” for the drug war during a recent Senate probe.
“Nasaan na ‘yung dati niyang sinasabi na he was ready to be arrested by the ICC? Tapos ‘yung strongman image niya, nasaan na ‘yon ngayon? Why, all of a sudden, he was portraying himself as someone who is weak [and] sickly?” Coronacion said.
(Where are his previous statements that he was ready to be arrested by the ICC? And his strongman image, where is it now?)
In a House inquiry last November, Duterte challenged the ICC to hasten the investigation of the complaint against him. He had also justified his crackdown on drugs, saying it was intended to curb crime and to ensure the safety of Filipinos.
Hours after Duterte’s arrest, Marcos clarified that the government did not cooperate with the ICC and the arrest was in compliance with Interpol’s request. The President also insisted that the arrest followed all legal procedures and had nothing to do with politics.
Political Science instructor Marlon Villarin said the Dutertes’ attempt to divert attention from their questionable use of public funds resulted in a political backlash.
According to Villarin, the Dutertes’ attempts to avoid accountability only brought attention to the legacy they hoped to bury.
“They just took a dose of their own political poison,” he added.
Invalid arrest?
The Duterte camp questioned the legal basis of the arrest and claimed that the former president was taken into custody by local authorities against his will. Former chief presidential legal counsel Salvador Panelo also alleged that Duterte was denied legal representation during his arrest and that the police barred one of his lawyers from meeting him at the airport.
However, Ignacio disagreed with Panelo’s claim, saying Duterte’s arrest followed due process as evident in available social media posts.
”It’s not as if Duterte was captured in a swift, meaning videos are showing that his rights were read, that he was given medical attention. He had his lawyers,” he said.
Villarin said the arrest may bring about legal challenges, arguing that the Rome Statute may be used to challenge the ICC’s involvement and the validity of Duterte’s detention.
“The ICC cannot exercise jurisdiction if the concerned state still has a functioning justice system…I believe the government will follow strictly what our domestic law provides to ensure that all steps comply with our domestic laws,” Villarin added.
Aquino pointed out that “the ICC had its eyes on Duterte for a long time due to [his administration’s] war on drugs,” which resulted in numerous deaths without due process.
Activist Raven Racelis said the real injustice was felt during what she described as Duterte’s “reign of terror.”
“He denied his victims due process, so why should he now be exempt from facing the consequences of his crimes?” she added.
Severed Ties
Duterte’s arrest was also seen as a clear indication of the severed ties between Marcos and Sara, who has become an outspoken critic of his administration. Because of the political rift, the surrendering of the former president to the ICC was viewed as a foreseeable reality.
“Because whether we say [Marcos] was not the one who initiated the arrest, it was in his time when [Sara’s] father was arrested, and BBM did not do anything to help them,” Aquino said.
Ignacio echoed this, saying the President’s authority over local police and his decision to cooperate with the Interpol could make the issue seem “very political.”
“Marcos will present it as something that ‘Well, we cannot do something about it. We are part of Interpol. We are duty bound to act on the red notice of Interpol,’” he said.
Coronacion thinks the arrest would affect Sara’s chances of winning the presidency in 2028.
Sara placed second in Pulse Asia’s survey on preferred candidates for president conducted last year. The vice president, who was chosen by 34% of the respondents, trailed behind Sen. Raffy Tulfo, who had a one point advantage.
Full accountability
Although the Marcoses and Dutertes are among the most potent families in Philippine politics, Ignacio emphasized that the arrest of the former president is beyond their rift.
“This issue is not about Marcos and Duterte. It’s about Duterte being held accountable for his actions when he was still president. It’s between Duterte and the victims of his actions during the time that he was president,” he said.
The arrest of the former president, Coronacion said, allowed Filipinos to show the international community that they would not promulgate the “culture of impunity” and would continue to uphold the rule of law.
“I think it’s [a] high time for us to tell them that we are not going to tolerate members of dynasties who have at one point used their power and that we would like them to be held accountable for the abuses that they committed in the past,” the department chair said.
“We are going in the right direction, and I hope this continues,” he added.
Former Central Student Council public relations officer Annie Agon shared the view, saying Duterte’s arrest brought victims of extrajudicial killings one step closer towards justice.
“This hard-fought moment should serve as a reminder of the long list of crimes committed against the Filipino people—not just the political killings but also corruption and policies that worsened the lives, especially of the poor,” she said.
“His arrest aligns with the people’s call for accountability and prosecution, ensuring no leader is above the law.”
For Racelis, the fight for full accountability continues after Duterte’s arrest.
“Duterte’s arrest paves the way for further accountability—his daughter, Sara Duterte, should be next,” Racelis said.
Agon urged the Marcos administration to avoid actions that would delay the serving of justice to the drug war victims.
“The ball is now on Marcos Jr. to heed the call in pursuit of justice or risk being seen as complicit in protecting the former president accused of crimes against humanity,” Agon said. F – with reports from Rovy Jilyn Fraginal and Mc Neil Zyh Serrano
