Palace on VP remark: What state kidnapping?

MANILA, Philippines — There’s no way former president Rodrigo Duterte’s arrest and flight to the Netherlands could be considered “state kidnapping” as claimed by his daughter Vice President Sara Duterte, Malacañang said yesterday, pointing out that the procedure was carried out based on a valid warrant of arrest.

“State kidnapping. What does she mean by that – state kidnapping?” Presidential Communications Office Undersecretary Claire Castro said at a press briefing.

“How could it be a kidnapping if there was a warrant of arrest? It was issued by an authority, by the court. When there is an issuance of any order from the court, we have to comply – especially with what happened to us – through Interpol,” Castro said in Filipino.

The former Philippine leader was arrested on Tuesday at the Ninoy Aquino International Airport Terminal 3 upon his arrival from Hong Kong.

Castro, a lawyer, stressed that kidnapping means carrying away a person by force.

“Let’s say a sheriff is serving warrant. We can’t just turn our back on him, or hurt him or punch him. That’s not acceptable,” she said, in an apparent reference to the Vice President’s controversial punching of a sheriff in 2011 when she was Davao City mayor.

The Vice President flew to the Netherlands yesterday to help her father.

Castro said the Office of the President issued travel authority to the Vice President Tuesday night.

In a statement on the Vice President’s departure for the Netherlands, the PCO said it “was not immediately updated as the information was initially disclosed only to limited people due to the unusual urgency and the confidentiality of the document.”

In a late night press conference Tuesday, President Marcos said the arrest of Duterte was neither political persecution nor a violation of Philippine sovereignty, as it was done in compliance with the country’s commitments with the International Criminal Police Organization (Interpol).

“Interpol asked for help and we applied because we have commitments to the Interpol which we have to fulfill. If we don’t do that, they will not help us with other cases involving Filipino fugitives. This is what the international community expects of us,” the President said.

“It is a request to the Philippine government to enforce the arrest warrant. And of course, we comply with our commitment. We did not do this because it was derived from or it came from the ICC (International Criminal Court). We did this because Interpol asked us to do it,” he added.

Duterte withdrew the Philippines from the Rome Statute, the treaty that established the ICC, when he was president in 2019.

Marcos also disputed claims that his predecessor’s arrest was unlawful.

“We followed every single necessary procedure... It is proper and correct,” the Chief Executive said.

With regard to allegations that the arrest was political persecution, Marcos said the crimes against humanity complaints against Duterte were filed before he became president in 2022.

“It was filed in 2017. I was still a civilian then,” he added.

Marcos also refuted the claim that the turning over of Duterte was a violation of Philippine sovereignty, saying the government did not cooperate with the ICC but had to help Interpol. He added that the Philippines was consistent and did not grant the requests made by the international court in relation to its drug war probe.

Asked to react to calls by some Duterte supporters for a “people power” uprising, Marcos said the government was just performing its duty.

“The government is just doing its job... We follow the law... Politics does not enter into it,” he added.

Procedures followed

In a statement, the Department of Justice said the arrest of Duterte “strictly adhered to domestic and international legal procedures.”

The DOJ said that under local law, the Philippines may reportedly surrender suspects or accused to an international court.

“Under Section 17 of Republic Act No. 9851, otherwise known as Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity, the Philippines may surrender suspected or accused persons in the Philippines to the appropriate international court for crimes punished by the said law, including crimes against humanity,” the DOJ said.

It added that the former president was apprehended by law enforcement agents of the Philippines “as a matter of comity and mutual cooperation in the international community.”

The warrant of arrest was issued by the Pre-Trial Chamber of the ICC for the crime against humanity of murder under Article 7(1)(a), in relation to Article 25(3)(a), of the Rome Statute.- Alexis Romero, Evelyn Macairan, Delon Porcalla, Emmanuel Tupas