MANILA — Senator Alan Peter Cayetano said recently that legal remedies guaranteed under the Philippine Constitution should be exhausted first before bringing a case to the International Criminal Court (ICC).
Speaking during the Senate Committee on Foreign Affairs hearing, Cayetano emphasized that the country’s justice system is functional and should have been given the opportunity to address the case against former President Rodrigo Duterte.
He said this is enshrined in Article III, Section 11 of the 1987 Constitution which ensures a person’s right to seek justice in local courts and the right to a speedy and public trial.
“In my view, dapat dito muna dininig ang kaso [ng dating Pangulo]. Yes, there should be accountability, pero dito dapat [ang kaso], the senator said on March 20, 2025.
In his manifestation, Cayetano traced the Duterte case to investigations led by former Senator Leila de Lima.
He noted that while it may have been difficult for de Lima, who was chair of the Commission of Human Rights, to gather witnesses linking Duterte to the Davao Death Squad (DDS) between 2008 to 2010, the situation changed when she became Secretary of Justice from 2010 to 2015.
Despite access to key witnesses like Edgar Matobato and Arturo Lascañas and evidence of extrajudicial killings under the Duterte administration over the years, Cayetano pointed out that no cases were yet filed in the Philippines.
“From 2008 to 2010 then 2010 to 2016, hindi sila nag-file ng kaso. Ngayon, pwede sila mag-file. So walang failure of justice,” he said.
He also said only former Senator Antonio Trillanes initiated a case against Duterte under the current administration and yet “no cases were filed against him specifically on charges of murder and crimes against humanity here in the Philippines.”
This lack of local action is why Cayetano questions the case being immediately brought to the ICC since its involvement should only happen if the local justice system is unwilling or unable to investigate or prosecute serious crimes.
“Hindi naman unwilling ang state. Pumirma nga tayo sa ICC eh. Hindi rin unable ang state. Wala lang talaga finile na case,” he stressed.
Cayetano also expressed concern about how the situation reflects on the Philippines, which is known internationally as a vibrant democracy.
“Our economy is good. We have a peaceful transition of government from Arroyo to Aquino, Aquino to Duterte, Duterte to Marcos. Yes, we have problems with politics now, but which country doesn’t?” he said.
“Many countries are at war. We are not at war. We have problems with other countries, but we are working it out,” he added.
The senator also lamented the treatment of the former President, emphasizing that respect should be given to his position.
“Iba pa rin kapag former President. He is still a symbol. Even if hindi ka naka-position sa office, nirerespeto mo dapat iyon,” he said.
