Exercise caution before extraditing a Filipino, Senator Marcoleta says

Senator Rodante D. Marcoleta on February 24 sponsored a resolution urging the Philippine government to protect Filipinos from extraordinary rendition and to guarantee them a reasonable amount of time to seek judicial remedies before any surrender or extradition to foreign tribunals, stressing that due process and national sovereignty must prevail over political pressure or expediency.

During the Senate session, Marcoleta presented Proposed Senate Resolution No. 307, which expresses the sense of the Senate to ensure that all Filipinos are afforded adequate time to seek redress from Philippine courts before any surrender by or extradition from the country.

“At its core, the resolution reaffirms what our Constitution already commands: that sovereignty and due process must never be subordinated to expediency, pressure, convenience, more so political machinations,” Marcoleta said in his sponsorship speech. “The rule of law must remain the bedrock of any functioning democracy.”

He emphasized that due process is not a mere administrative formality but a fundamental constitutional guarantee, warning that once surrender is executed, the opportunity for meaningful judicial intervention may no longer exist.

“Ang hinihingi lang naman natin ay makatarungan at makatwiran—sapat na panahon upang makalapit sa hukuman at sapat na pagkakataon upang maipagtanggol ang sarili,” he said. 

“It is not solely about former President Rodrigo Duterte, nor is it limited to the present controversy involving the International Criminal Court,” Marcoleta said. 

“What is truly at stake is the enduring protection of every Filipino and his constitutional rights whenever the tentacles of international prosecution touch our domestic sovereignty.”

He also cited the Philippines’ existing Article 98 agreement with the United States, which took effect in 2003, providing that American nationals, officials, and personnel in the Philippines cannot be surrendered to international tribunals without U.S. consent. Marcoleta said this underscores the importance the country places on safeguarding individual rights.

“If we can protect foreign nationals under such agreements, how much more should we protect our own citizens?” he asked.

Marcoleta further asserted that the Philippines is both willing and able to prosecute crimes against humanity under domestic law, pointing to Republic Act No. 9851, which criminalizes such offenses. He noted that the Supreme Court has designated special courts to try these cases and that mechanisms such as the Writ of Amparo and witness protection programs are in place to facilitate prosecution.

He cited a 2023 statement by the Philippine Permanent Mission to the United Nations affirming the country’s jurisdiction over crimes against humanity when the accused is a Filipino, is present in the Philippines, or when the victim is a Filipino citizen. According to Marcoleta, this demonstrates the country’s readiness to enforce accountability domestically.

“This is a clear assertion of the principle of complementarity that should rule out an extraordinary rendition of a Filipino citizen to the ICC,” he said.

Marcoleta also raised concerns that the possibility of arrest warrants from foreign tribunals could create fear and uncertainty among public officials, potentially undermining the performance of their duties.

He warned against what he described as a “Sword of Damocles” hanging over Filipino officials, especially since the Philippines is no longer a member of the Rome Statute, the treaty that established the ICC.

Under the proposed resolution, Marcoleta said, law enforcement agencies would be urged to exercise caution and restraint, ensuring that constitutional safeguards and domestic laws are fully observed before any surrender of a Filipino citizen.

The resolution seeks to reinforce the principle that Philippine courts must be allowed to act before any irreversible step is taken, in line with constitutional guarantees of due process and national sovereignty.

Marcoleta concluded his sponsorship by appealing to his colleagues to act decisively to protect the rights of Filipinos, saying that fear and uncertainty should not prevail in a democratic society governed by laws.