The Law Has Spoken: Validating Duterte’s Arrest Amid Warrantless Claims

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The arrest of former President Rodrigo Duterte has sent shockwaves across the nation, sparking fierce debates over its legality. While his supporters decry it as a “warrantless” violation of his rights, legal experts—including International Criminal Court (ICC)-accredited lawyer Atty. Joel Butuyan—have swiftly dismantled these claims, affirming the arrest’s full compliance with the law.

A Warranted Arrest, Not Warrantless

Speaking at a press briefing, Palace Press Officer Undersecretary Atty. Claire Castro directly confronted the issue, citing Vice President Sara Duterte’s assertion that no local court had issued an arrest warrant against the former president. However, Atty. Butuyan clarified that this argument is fundamentally flawed.

"Mayroon pong warrant of arrest and it was issued by an international court na naging miyembro tayo. So, hindi po totoong warrantless arrest ito,” Butuyan emphasized, firmly establishing that Duterte’s arrest was not only valid but also enforceable under international legal frameworks.

Contrary to the opposition’s narrative, the issuance of an arrest warrant by the ICC is binding and does not require a separate order from a Philippine court. As a former member of the ICC, the Philippines had acknowledged its jurisdiction before Duterte unilaterally withdrew the country in 2019—long after the alleged crimes under investigation had occurred.

E-Warrants: A Legal and Practical Evolution

A particularly contentious issue in Duterte’s arrest is the nature of the warrant itself. Critics argue that an electronic warrant of arrest is insufficient, implying that physical documentation should have been presented at the time of his apprehension. However, Atty. Butuyan decisively debunked this argument.

"Sa batas mismo natin, hindi kailangang ipakita iyong physical warrant of arrest at the time of arrest. For as long as there exists a warrant of arrest, pupuwedeng mag-aresto,” he explained, highlighting that the evolution of legal systems—including the ICC’s procedures—has embraced digital documentation.

This shift to electronic processes is neither unprecedented nor irregular. The ICC’s judicial framework is designed for efficiency and security, making extensive use of digital and paperless documentation. Butuyan reinforced this point:

"Even sa ICC mismo, hindi kailangang ipakita iyong physical warrant of arrest, dahil pupuwedeng e-warrant din iyan. In fact, iyong proceedings ng ICC, even iyong kanilang trial, lahat, paperless na iyan, talagang e-documents lahat iyong ginagawa roon.”

This statement underscores the legitimacy of e-warrants, dismantling the argument that Duterte’s arrest lacked a proper legal foundation.

International Accountability vs. Political Resistance

The arrest of Duterte is more than a legal debate; it is a litmus test for the Philippines’ commitment to justice and accountability. While his allies attempt to frame it as a politically motivated move, the reality remains clear: the ICC's warrant holds legal weight, and the former president is not above the law.

His supporters may claim that the Philippines is no longer under the ICC’s jurisdiction, but legal experts have consistently argued that the investigation pertains to alleged crimes committed while the country was still a member. The doctrine of continuing jurisdiction applies, ensuring that withdrawal from the ICC does not erase accountability for past actions.

Moreover, Duterte’s presidency was marked by his own aggressive stance on law enforcement, particularly his endorsement of extrajudicial methods in his war on drugs. It is, therefore, ironic that he now finds himself invoking legal technicalities to challenge the very system he once wielded with impunity.

The Rule of Law Prevails

The validation of Duterte’s arrest is not just a victory for legal integrity but also a pivotal moment in the country’s pursuit of justice. Atty. Butuyan’s statements affirm that the rule of law remains paramount, undeterred by political maneuvering or public outcry.

The case against Duterte is far from over, and his fate now rests in the hands of international legal institutions. Whether his supporters accept it or not, the law has spoken—his arrest was legal, warranted, and necessary in the fight for justice.

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