Cayetano: No Filipino should be surrendered abroad without PH court review

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February 26, 2026

4–6 minutes

Senate Minority Leader Alan Peter Cayetano on Wednesday pushed for stronger safeguards for Filipinos facing international arrest warrants, saying the Philippine government must ensure that no citizen is surrendered to a foreign tribunal without first being given the chance to seek relief before local courts.

Co-sponsoring Senate Resolution No. (SRN) 307, which was filed by the Minority bloc, on February 25, 2026, Cayetano framed the proposal as a constitutional safeguard rooted in the lessons of the 1987 Constitution.

“Ang pinag-uusapan dito ay ang issue 40 years ago, issue din po ngayon [na] ‘pag may biglang aarestuhin [na Pilipino,] kailangan ang aarestuhin na ‘yun ay may pagkakataong pumunta sa Philippine courts to seek remedy,” he said.

“If you look at the International Covenant on Civil and Political Rights, naroon din ito. It’s part of the generally accepted principles of international law,” he added.
The Minority Leader said SRN 307 is prospective and not tied to any single personality or pending case.

“Ang substance ng resolusyon na ito [ay] hindi po si dating Pangulong Duterte, na ngayon po ay gumugulong na [ang kaso] at meron nang confirmation of charges. Hindi rin pinag-uusapan dito whether or not we should join or rejoin the ICC,” he said.

“This [resolution] deals with all Filipinos from the time that we articulate the ‘sense of the Senate’ under our constitution,” he continued.

Cayetano emphasized that judicial participation is a constitutional requirement even in cases involving international arrest warrants.

He said countries like Canada, the United Kingdom, and South Korea require domestic legal processes and court participation before arrest or surrender in response to international requests.

“Hindi ito simpleng bagay na inatas sa judge. All the jurisprudence will say that the [local] judge has to personally determine, he has to examine the evidence, and believe that there is probable cause,” he said.

Cayetano said the issue goes beyond current controversies and could affect future officials or ordinary citizens alike, warning that bypassing local courts could undermine constitutional protections.

“There might be issues that we do not know, that might be moot and academic, if you just put a Filipino on a plane and send him abroad. All of us here agree na pagdating sa West Philippine Sea, hindi natin ipamimigay, atin ito. Sana naman pagdating sa kapwa Pilipino, atin ‘to, kababayan natin ‘to, tao ‘to. ‘Di dapat basta sinusurrender,” he said.

He maintained that the resolution does not question the existence of international crimes or the country’s treaty obligations but seeks to affirm the principles of complementarity, national sovereignty, and due process.

“‘Pag may warrant na hindi issued ng Philippine judge, kailangan dumaan sa korte iyan. Kung hindi, unconstitutional iyan. At kailangan, ang bawat Pilipino na may tanong at nag si-seek ng remedy ay pwedeng makapunta sa korte ng ating inang bayan,” Cayetano said.

Interpellations on the resolution are scheduled Monday, March 2, 2026.

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