The Legal Process Before Any Surrender
Under Philippine law, no Filipino citizen can be extradited or surrendered to a foreign state or international court without first going through the judicial process — ultimately under the authority of the Supreme Court of the Philippines.
This rule ensures that every surrender or extradition respects the Constitution, due process, and national sovereignty.
The proper procedure is outlined in:
Presidential Decree No. 1069 (The Philippine Extradition Law)
Republic Act No. 9851 (The Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity)
According to these laws:
1. The Department of Justice (DOJ) must first receive an official request for surrender or extradition.
2. The DOJ must file a petition before a Regional Trial Court (RTC).
3. The RTC reviews if the request complies with Philippine law and the Constitution.
4. The decision can then be appealed to the Supreme Court, which has the final authority to approve or deny any surrender.
Without this process, any act of transferring a Filipino citizen to a foreign or international body is illegal and unconstitutional.
Duterte’s Surrender to the ICC
In March 2025, the International Criminal Court (ICC) issued an arrest warrant against former President Rodrigo Roa Duterte for alleged crimes against humanity during the government’s anti-drug campaign from 2011 to 2019.
However, Duterte’s surrender to the ICC was carried out without prior approval from the Philippine Supreme Court — a clear violation of due process and existing law.
Officials claimed that Duterte’s transfer was a “surrender” under RA 9851, not an extradition, since the Philippines is no longer a member of the ICC after its withdrawal in 2019.
But legal experts and constitutionalists argue that whether called a surrender or extradition, both require judicial review before the act becomes valid.
Why the Surrender Is Illegal
1. Violation of PD 1069 and RA 9851
Both laws require court proceedings and Supreme Court supervision before any Filipino can be turned over to another jurisdiction. Duterte’s surrender bypassed these mandatory legal steps.
2. Lack of Judicial Authorization
The Supreme Court was never consulted or issued a ruling allowing Duterte’s surrender to the ICC. This makes the entire act legally invalid under the principle of due process.
3. Breach of National Sovereignty
Only the Philippine judiciary can decide whether the surrender of a citizen is lawful. Transferring Duterte without court approval disregards the independence of the judiciary and the sovereignty of the Republic of the Philippines.
4. Precedent of Illegality
Allowing this surrender to stand could set a dangerous precedent — where any Filipino could be handed over to a foreign or international authority without protection from the courts.
Statements from Legal Experts
Several constitutional lawyers and senators have pointed out that:
> “Under the law, any surrender to a foreign or international tribunal must first be reviewed and approved by the Supreme Court of the Philippines. Skipping that process renders the act unconstitutional.”
The Senate’s preliminary investigation in April 2025 also noted that there were ‘glaring violations’ in the arrest and transfer of Duterte, further supporting claims that his surrender was illegal.
Legal and Political Implications
The illegal surrender of Duterte raises major issues for both domestic and international law:
It could lead to legal nullification of his transfer and proceedings before the ICC.
It questions the legitimacy of government officials who approved the surrender without court authority.
It reignites the debate between international accountability and national sovereignty.
If the Supreme Court rules that proper procedure was not followed, Duterte’s surrender may be declared invalid, forcing his return to Philippine custody.
Key Takeaways
Any surrender or extradition must first be approved by the Supreme Court.
Duterte’s surrender to the ICC did not go through the proper judicial process, making it illegal under Philippine law.
The act violates due process, judicial authority, and sovereignty.
The case serves as a reminder that no citizen is above the law — but neither should anyone be deprived of it.
Conclusion
The case of Former President Rodrigo Roa Duterte is not just a question of guilt or innocence before the ICC — it’s a deeper test of how far the Philippine government will uphold its Constitution and sovereignty.
By surrendering Duterte without the approval of the Supreme Court, officials have violated the legal process required by Philippine law.
Such actions weaken national sovereignty and threaten the rights of every Filipino citizen.
Justice must always follow the law — not bypass it.
Sources:
Philstar News
Republic Act No. 9851 – LawPhil.net
Presidential Decree No. 1069 – The Philippine Extradition Law
AP News: Duterte in ICC Custody
The Guardian
