Logical fallacies

The political noise is getting louder as I write this. Tensions between Rody Duterte’s supporters and Malacañang are now even more heated than the scorching summer weather.

The real issue though is this: the former president is facing trial for crimes against humanity. Victims of his bloody drug war are seeking justice.

In defense of the former president, Duterte’s supporters have been dishing out different arguments to shape the narrative surrounding his arrest and looming trial at the International Criminal Court in The Hague.

But if you look closely, these are logical fallacies or errors in reasoning.

There’s false dilemma or false dichotomy, for instance. Critics claim the arrest of the ICC undermines the country’s sovereignty. But this isn’t true. Upholding sovereignty does not mean disregarding international law. Although the Philippines withdrew as a member of the ICC, the court still has jurisdiction over crimes committed before that withdrawal.

Argumentum ad populum is another type of a logical fallacy that argues for the truth of a claim based on its widespread belief.

“If many say he’s innocent, he must be.” This is a popular line among Duterte’s followers. But there are testimonies of witnesses, documents, forensic investigations and the bodies themselves to prove the existence of the bloody drug war. Duterte also has no qualms about killing alleged criminals. He said so himself.

And then there’s the straw man fallacy. His allies believe his legal rights were disregarded, saying he was “extradited to the ICC.” But he was not. He was surrendered by local authorities, based on the warrant issued by the ICC on March 7, 2025.

Another favorite argument is the causation fallacy, saying that his arrest was politically motivated. It is, of course, easy to conclude this but if one looks at the ICC case against Duterte, it mentions investigations and not political rivalry. It is now up to the Marcos administration to prove that this is not about the persecution of a political foe by holding all those involved in the drug war accountable and not just Duterte.

Another popular argument is the existence of our justice system – “We have our own laws, we don’t need the ICC.”

Supporters argue that because the Philippines has its own legal system, international law is unnecessary. Yet, the country is still bound by global agreements and treaties. The ICC steps in when domestic courts fail to act – precisely why Duterte is facing justice in The Hague.

Related to this is an appeal to ignorance. With no local cases, Duterte must be innocent. However, the absence of local charges does not mean the crimes didn’t happen.

We all know that our justice system usually favors the powerful and not so much the victims.

What his followers also failed to say is that the wheels of justice in our country grind slowly– and the system is perceived to be corrupt.

This is the reality that men and women behind bars – including innocent ones – have to deal with.

If Duterte’s supporters need evidence of how slowly the justice system works in the country, they should just ask those serving jail time or those languishing in our detention cells.

Reporting corrupt lawyers

Against this backdrop, it’s a welcome development that the Supreme Court last year created an additional and easier way of reporting allegedly corrupt judges and lawyers.

This is through an email address that is directly accessible to Chief Justice Alexander Gesmundo. Reports and complaints may be sent to integrity@judiciary.gov.ph which can also be accessed by the Ethics Committee led by the Chief Justice as the chairman and Senior Associate Justice Marvic Leonen as vice chairman.

The Supreme Court urged the public to report whatever violations they may experience – “extortion of money, gifts or favor for processes like warrants, summons or writs of execution; extortion to gain inside information on any case and any influence peddler who claims to have influence in any court, among others.”

Similarly, the SC said that lawyers who participate in, advise on or tolerate any form of corruption would be dealt with severely.

VACC welcomes initiative

I had a recent chat with businessman Fernando Martinez on the SC’s move. He is the chairman of the Eastern Petroleum Group but also wears several other hats, including that of a director of the Volunteers Against Crime and Corruption.

He said Chief Justice Gesmundo’s move to make it easier for the public to report corruption in the justice system would surely help fix the flawed system.

“This is a good initiative on the part of our Supreme Court. I salute Chief Justice Gesmundo,” he said.

The legal process

In the end, the ICC’s legal process will determine Duterte’s case and not logical fallacies.

It’s still a long way to go before the Filipino people – or at least those seeking accountability for the war on drugs, including the loved ones of those who were killed – will finally get the closure they’ve been hoping and waiting for, if that is even possible.

But I hope that however long this takes, one outcome will be a better justice system in the Philippines so that we do not need to run to the ICC if and when a leader commits crimes against humanity against our very own people.

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Email: mailto:eyesgonzales@gmail.comeyesgonzales@gmail.com. Follow her on X @eyesgonzales. Column archives at EyesWideOpen on FB.