By Ivy Tejano
DAVAO CITY – The Senate has recently approved a resolution urging the International Criminal Court to consider placing former President Rodrigo Duterte under house arrest on humanitarian grounds.
Senate Resolution No. 144 was adopted on October 1 with a vote of 15-3, with two abstentions.
Senators Alan Peter Cayetano, Ronald “Bato” dela Rosa, JV Ejercito, Jinggoy Estrada, Win Gatchalian, Bong Go, Ping Lacson, Loren Legarda, Rodante Marcoleta, Imee Marcos, Robin Padilla, Erwin Tulfo, Joel Villanueva, Mark Villar, and Senate President Migz Zubiri voted in favor.
Senators Bam Aquino, Risa Hontiveros, and Kiko Pangilinan opposed the measure, while Senate President Tito Sotto and Raffy Tulfo abstained. Pia Cayetano, Chiz Escudero, Lito Lapid, and Camille Villar were absent.
The resolution, principally introduced by Cayetano and Zubiri, asked the ICC to appoint a physician to examine former President Duterte and assess whether his health would be further compromised under regular detention.
Should medical findings indicate deterioration, the resolution urged that he be placed under house arrest instead.
It cited Article 10(1) of the International Covenant on Civil and Political Rights, which mandates humane treatment for individuals deprived of liberty.
Cayetano said Duterte, now 80, should be considered for humanitarian accommodation. “Can you imagine how President Duterte is coping now?” He also noted uncertainty about the former president’s condition.
Senator Hontiveros, explaining her negative vote, acknowledged the importance of humanitarian considerations but maintained no evidence that the ICC was neglecting the former Chief Executive’s welfare.
She pointed to public statements from former President Duterte’s family saying he remained in good spirits and could discuss political and personal topics.
For his part, Sotto said he abstained because taking a firm position would “further divide the nation.” He stressed the need to balance concerns for the Duterte patriarch’s health with the pursuit of justice for victims of alleged human rights abuses.
Outside the Senate, ICC Assistant to Counsel Kristina Conti criticized the resolution, calling it “counterproductive.” She noted that the ICC Pre-Trial Chamber will decide on former President Duterte’s case based only on evidence and applicable law, not political statements.
“The Senate as an institution is not involved in the ICC process, and it is unclear how the resolution will be transmitted,” Conti wrote in a Facebook post. She added that without medical documentation submitted through official channels, the resolution amounts to “political noise.”
Conti further warned that the resolution could backfire and be seen as interference, noting that at least one sponsor is “probably among the co-perpetrators” of crimes under investigation.
Vice President Sara Duterte earlier questioned whether the ICC is capable of ensuring the safety and well-being of her father, who is being held in The Hague, Netherlands.
She said the family was left uninformed about an incident that took place inside the detention center and had not been given specific details of what happened.
The Vice President also criticized the facility for what she described as inadequate medical attention, pointing out delays in addressing even minor health concerns such as an ingrown toenail.
According to Vice President Duterte, repeated appeals for a dedicated caregiver were disregarded, which she claimed endangered her father’s life.
She denounced the detention as “unjust” and “inhumane,” stressing that the former president remains jailed without a conviction.
The Department of Foreign Affairs later confirmed that the Philippine Embassy had carried out a welfare visit, saying the action was consistent with its obligations under the Vienna Convention on Consular Relations and Philippine law to safeguard Filipinos held overseas.
Vice President Duterte, however, branded the intervention as an “abuse of power” by Philippine authorities, arguing that the situation highlighted a continuing violation of her father’s rights and dignity.
