MANILA, Philippines — Senator Rodante Marcoleta on Tuesday asserted that the Philippines is “willing and able” to prosecute crimes against humanity under its own legal system, stressing that domestic courts should exercise primary jurisdiction before any Filipino citizen is surrendered to an international tribunal.
Marcoleta made the statement as he sponsored Proposed Senate Resolution No. 307, which seeks to express the sense of the Senate in protecting Filipinos from extraordinary rendition and ensuring they are given a reasonable time to pursue judicial remedies locally before any surrender or extradition is carried out.
“The Philippines is willing and able to prosecute crimes against humanity,” Marcoleta said in his sponsorship speech.
CITES DOMESTIC LEGAL FRAMEWORK
The senator pointed to Republic Act No. 9851, which defines and penalizes crimes against humanity, genocide, and other serious violations of international humanitarian law under Philippine statutes.
He noted that the law provides mechanisms for investigation and prosecution within the country’s justice system.
Marcoleta also cited measures undertaken by the Supreme Court of the Philippines, including the designation of special courts to handle such cases and the development of legal remedies such as the Writ of Amparo.
He added that prosecutors, judges, and relevant government agencies have received training to properly implement the law.
In addition, he referenced a 2023 statement from the Philippine Permanent Mission to the United Nations affirming that the country exercises jurisdiction over crimes against humanity when the accused is a Filipino citizen, is present in the Philippines, or when the crime is committed against a Filipino national.
According to Marcoleta, this position demonstrates the country’s readiness and capability to prosecute such offenses domestically.
INVOKES THE COMPLEMENTARITY DOCTRINE
Marcoleta underscored the principle of complementarity, a cornerstone of the Rome Statute, which provides that international tribunals may only intervene when national courts are unwilling or unable to genuinely carry out investigations or prosecutions.
“This is a clear assertion of the principle of complementarity that should rule out an extraordinary rendition of a Filipino citizen to the International Criminal Court,” he said.
The senator maintained that there has been no declaration from the Supreme Court that Philippine courts are incapable of handling cases involving crimes against humanity.
“We are prepared. Our courts and our prosecutors are ready and capable,” he said, emphasizing that primary jurisdiction rests with Philippine institutions.
DUE PROCESS AND SOVEREIGNTY CONCERNS
Marcoleta argued that surrendering Filipino citizens to foreign tribunals without first exhausting available domestic legal remedies could undermine constitutional guarantees and due process.
He clarified that the proposed resolution is not intended to obstruct justice or shield any individual from accountability, but rather to ensure that constitutional rights are upheld and national sovereignty is respected.
While the International Criminal Court is currently handling charges of crimes against humanity against former President Rodrigo Duterte, Marcoleta said the issue extends beyond personalities and current political controversies.
“What is truly at stake is the enduring protection of every Filipino and his constitutional rights whenever international prosecution touches our domestic sovereignty,” he said.