Cayetano stands firm on due process, raises concerns over handling international cases

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March 21, 2025

3–5 minutes

Senator Alan Peter Cayetano on Thursday raised concerns over the handling of arrests from warrants issued by international tribunals such as the International Criminal Court (ICC), stressing the need to uphold constitutional rights and ensure due process in legal proceedings.

“Every single Filipino deserves due process,” Cayetano said during a Senate Committee on Foreign Relations hearing on March 20, 2025 which sought to investigate the arrest of former President Rodrigo Duterte on March 11.

The senator asked whether or not due process was properly observed before the former president was handed over by the government to foreign authorities.

“Doesn’t a Filipino citizen have the right under the Constitution to be judged first by Philippine law before being brought to a foreign country or an international tribunal to face their interpretation of the law?” he said.

Cayetano emphasized the fundamental protections enshrined in the Constitution, particularly the right of the accused to have legal representation and seek legal remedies in Philippine Courts as part of due process.

“Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel, preferably of his choice,” he said.

He also questioned the transparency surrounding the charges and the legal basis for Duterte’s transfer, asserting that Philippine law should take precedence when it conflicts with international legal provisions.

“It is important to be informed of the nature and cause of the accusation against him… If there’s a conflict between international law and our Constitution, our Constitution will prevail,” he said.

The senator rejected claims that the Senate inquiry, which was attended by officials of the executive department and law enforcement agencies involved in Duterte’s arrest, was unnecessary, saying legal actions of the same nature could extend beyond Duterte to other government and military officials.

“I disagree that this hearing is not important because if there’s a second, third, or fourth batch of warrants coming, I want to make sure that every officer has his day in local Court before they’re sent to The Hague,” he said.

Cayetano further cautioned against the selective enforcement of legal rights, emphasizing that due process must be upheld for all because everyone has the right to “come to court and seek due process.”

“We as Filipinos should demand due process for everyone. Kaya mali y’ung argument na ‘pag ‘di mo binigyan ng due process y’ung kalaban, hindi ka na pwedeng mag-demand ng due process,” he said.

“That’s the beauty of our Constitution. Everyone should be given due process,” he added.

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