THE 20th Davao City Council has approved a resolution urging the Philippine Senate to petition or support any move for the interim release of former President Rodrigo Duterte from the International Criminal Court (ICC) detention facility in the Netherlands.
Proposed by Councilor Jesus Joseph Zozobrado III, the resolution was passed on Tuesday, March 25, 2025, at the Sangguniang Panlungsod. It cites Article 60 of the Rome Statute, allowing interim release while jurisdictional issues, pre-trial, and trial proceedings are ongoing.
“It is important to ensure that any interim release arrangement preserves the integrity of the ICC’s proceedings, safeguards the interests of the perceived victims and witnesses, and complies with the rules, standards and procedures set by the Rome Statute and the ICC Pre-Trial Chamber,” the resolution read.
Under the Rome Statute, individuals who are held in detention are afforded and allowed to apply for interim release pending a resolution of jurisdictional issues, pre-trial, and trial proceedings which is subject to review and supervision of the ICC Pre-Trial Chamber to prevent the under or excessive detention.
Duterte is under the jurisdiction of the ICC in alignment with the Rome Statute and he can seek interim release while pre-trial and trial proceedings are still pending as long as the sufficient guarantees and strict conditions set by the Rome Statute for his availability and personal appearance are met and complied.
Zozobrado stressed how Duterte’s old age makes him prone to getting sick and he is already having difficulty in doing simple acts like walking, standing up from sitting and lying positions, which restricts his freedom of movement.
He said that in order to prevent further deterioration of the health of the former president, he must take his maintenance medicine on time and he should be back in the company of his family, relatives, and friends.
However, during the pre-trial on March 14, former executive secretary Salvador Medialdea raised concerns in court on Duterte’s health but Presiding Judge Iulia Antoanella Motoc said necessary measures were taken in consideration of Duterte’s health.
Motoc said that the doctors assured that the former president is “fully mentally aware and fit.”
The City of Davao pledges absolute adherence to the directives of the ICC and explicit conditions which would be laid down by the Pre-Trial Chamber such as Duterte’s confinement within the territorial bounds of the city; unrestricted monitoring by authorized local, national, and international personnel; and undertake periodic transparent reporting to the ICC or other duly designated authority.
The city would then implement the necessary protocols such as legal, administrative, and other areas to cooperate with the ICC such as allowing inspections, submitting regular reports, and complying with the additional requirements from the Pre-Trial Chamber when the presence of Duterte is needed in the ICC.
The copies of the resolution would be sent to the Senate of the Philippines and to the ICC, through the Department of Foreign Affairs (DFA).
Earlier, Lawyer Marie Dinah Tolentino-Fuentes, legal counsel for the Kingdom of Jesus Christ (KOJC), said on the Basta Dabawenyos podcast on March 18, 2025, that Duterte’s legal team may seek an interim release, similar to bail, but the opposition may challenge it, arguing that he could flee or tamper with evidence.
Lawyer Regal Oliva, former city treasurer of Mandaue City, said that while temporary release may be possible, Duterte would be restricted to the Netherlands or other host countries such as Germany, the United Kingdom, or Norway, provided he appears at every court hearing.
To recall, Duterte was transferred to The Hague on March 11, 2025, to face crimes against humanity charges. He attended a pre-trial hearing virtually on March 14, and the ICC has scheduled a confirmation of charges hearing for September 25. RGP