SENATOR Alan Peter Cayetano on Thursday filed a resolution urging the Philippine government to advocate before the International Criminal Court (ICC) for the interim release of former President Rodrigo Duterte, proposing that he be placed under a form of house arrest while awaiting trial.
Duterte has been in ICC custody for four months, following his arrest by Interpol on March 11, 2025, upon his return from Hong Kong. He was apprehended under an ICC arrest warrant for crimes against humanity and was promptly extradited to The Hague, Netherlands, where he is currently detained.
Filed on July 10, 2025, the resolution – titled Resolution Expressing The Sense of the Senate to Urge the Philippines to Advocate Before the International Criminal Court (ICC) for the Interim Release of Former President Rodrigo Roa Duterte (FPRRD), Including Inter Alia Entering Into an Arrangement with the ICC to Receive Custody of FPRRD in a Form of House Arrest or Any Other Appropriate Arrangement In the Premises of the Philippine Embassy in The Hague, Netherlands – expresses the sense of the Philippine Senate that Duterte, now 80 years old, should be afforded interim release under humanitarian grounds.
It emphasizes that under both domestic and international law, the former President should “be afforded the right to be presumed innocent until proven guilty.”
“To grant this for the former President would be beneficial to his health, all while presenting no risk to the integrity of the ongoing trial,” it states.
The proposal seeks, among others, an arrangement with the ICC for Duterte’s custody to be transferred to the premises of the Philippine Embassy in The Hague, Netherlands, under a form of house arrest, modified house arrest, or any appropriate arrangement deemed suitable to any by the Court.
These arrangements would be subject to any conditions that may be imposed by the Pre-Trial Chamber, such as restrictions on movement, staying at a particular address, prohibition of contact with victims or witnesses, and compliance with summons.
It also cites Duterte’s deteriorating health, attributed to old age and prolonged social isolation, warning that continued detention may severely impact his emotional and physical well-being.
Highlighting cultural values, it further states, “Bahagi ng ating pagka-Pilipino ang pagmamalasakit sa kapwa, lalo na sa mga matatanda.”
The resolution underscores that although the Philippines has withdrawn from the Rome Statute, it is still possible — through the embassy in The Hague — to enter into an agreement with the ICC for conditional arrangements, thereby ensuring humane treatment for the former President by placing him under the embassy’s care.
It also cites a precedent: the ICC’s granting of interim release in the 2009 case of Congolese rebel Jean-Pierre Bemba Gombo, pending a final decision on his sentence in a related case.
It likewise appeals to the Philippine government to extend courtesy to the former President, similar to the consideration given to prominent personalities such as Senator Leila De Lima who was allowed to continue performing her duties while in detention.
“The least the Philippines could do for its former leader is to advocate for his release and make the necessary arrangements to accommodate him,” the resolution said.
It also calls for compassion and urgency, stating that allowing Duterte to spend his twilight years with family and friends is a basic act of dignity — and that denying it would be an injustice.
“Marapat lamang na kumilos ang ating gobyerno sa lalong madaling panahon habang hindi pa huli ang lahat dahil ‘ika nga: nasa huli ang pagsisisi,” the proposal said.
