San Beda law dean: Duterte arrest legal
THE dean of the San Beda Graduate School of Law, Fr. Ranhilio Aquino, on Monday defended the arrest of former president Rodrigo Duterte, saying it was based on solid legal principles and was not politically motivated. "The law is clear — our domestic legal framework recognizes international jurisdiction in cases of crimes against humanity," said Aquino, who is also a columnist for The Manila Times. "Duterte's arrest is not a matter of political persecution; it is a matter of justice and adherence to our legal commitments." Aquino pointed to two key legal foundations supporting Duterte's arrest and extradition to the Netherlands for trial. First, he cited the Philippines' accession to the International Criminal Court (ICC) in 2011. Under Article 127 of the Rome Statute, a country remains obligated to cooperate with ongoing cases that fall under the court's jurisdiction, even after withdrawal. The Philippines formally exited the ICC in 2019, but Aquino emphasized that this does not absolve the country from its prior commitments. "Our ratification of the Rome Statute created obligations that do not simply vanish because of our withdrawal," Aquino said. "The principle of non-retroactivity does not apply here in the way critics claim. Cases that were under investigation before the withdrawal remain within the ICC's purview." The second legal basis Aquino cited was Republic Act 9851, also known as the "Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity," specifically Article 17, which provides that the Philippine government can defer or surrender investigations and prosecutions to an international tribunal. He said that this provision supports Duterte's arrest and potential extradition. He also dismissed claims that the case was politically driven, calling such allegations a "distraction from the real issue." "This is not about political maneuvering. This is about answering for the extrajudicial killings and the thousands of lives lost during the war on drugs. No one is above the law, not even a former president," he said. Duterte's supporters have vehemently opposed his arrest, arguing that the Philippines' withdrawal from the ICC nullifies its jurisdiction over him. However, legal scholars, including Aquino, maintain that the country's obligations remain binding for cases initiated before the withdrawal took effect. Aquino urged the public to exercise caution, emphasizing the importance of responsible expression. "I also want to advise the public that while it is okay to express their feelings, the moment they cross the line and attempt to overthrow the government, it becomes sedition — a criminal act," he said.
Tomas Kauer - Moderator 
THE dean of the San Beda Graduate School of Law, Fr. Ranhilio Aquino, on Monday defended the arrest of former president Rodrigo Duterte, saying it was based on solid legal principles and was not politically motivated.
"The law is clear — our domestic legal framework recognizes international jurisdiction in cases of crimes against humanity," said Aquino, who is also a columnist for The Manila Times. "Duterte's arrest is not a matter of political persecution; it is a matter of justice and adherence to our legal commitments."
Aquino pointed to two key legal foundations supporting Duterte's arrest and extradition to the Netherlands for trial.
First, he cited the Philippines' accession to the International Criminal Court (ICC) in 2011. Under Article 127 of the Rome Statute, a country remains obligated to cooperate with ongoing cases that fall under the court's jurisdiction, even after withdrawal.
The Philippines formally exited the ICC in 2019, but Aquino emphasized that this does not absolve the country from its prior commitments.
"Our ratification of the Rome Statute created obligations that do not simply vanish because of our withdrawal," Aquino said. "The principle of non-retroactivity does not apply here in the way critics claim. Cases that were under investigation before the withdrawal remain within the ICC's purview."
The second legal basis Aquino cited was Republic Act 9851, also known as the "Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity," specifically Article 17, which provides that the Philippine government can defer or surrender investigations and prosecutions to an international tribunal.
He said that this provision supports Duterte's arrest and potential extradition.
He also dismissed claims that the case was politically driven, calling such allegations a "distraction from the real issue."
"This is not about political maneuvering. This is about answering for the extrajudicial killings and the thousands of lives lost during the war on drugs. No one is above the law, not even a former president," he said.
Duterte's supporters have vehemently opposed his arrest, arguing that the Philippines' withdrawal from the ICC nullifies its jurisdiction over him. However, legal scholars, including Aquino, maintain that the country's obligations remain binding for cases initiated before the withdrawal took effect.
Aquino urged the public to exercise caution, emphasizing the importance of responsible expression.
"I also want to advise the public that while it is okay to express their feelings, the moment they cross the line and attempt to overthrow the government, it becomes sedition — a criminal act," he said.
