The Senate hearing on former Philippine President Rodrigo Duterte’s arrest by the International Criminal Court (ICC) was initially dismissed as political theater. But as the proceedings unfolded, a far more troubling reality emerged: the Marcos administration’s legal and law enforcement apparatus appears to be riddled with incompetence, internal discord, and a fundamental misunderstanding of due process.
The testimony revealed a disturbing lack of coordination between key government agencies—the Department of Justice (DOJ), Philippine National Police (PNP), and the Department of the Interior and Local Government (DILG)—as they scrambled to justify Duterte’s transfer to The Hague. At the heart of the controversy was a crucial legal distinction: the ICC had not issued a formal Red Notice but merely a Diffusion Notice, an alert that does not carry the same weight under international law. Despite this, the Philippine government moved with uncharacteristic swiftness, even catching Interpol by surprise.
The Marcos administration’s rush to comply raises pressing questions. Did the president personally authorize the action? If not, who did? And why did the PNP reportedly mobilize 7,000 personnel and issue internal arrest memos before the ICC warrant was even publicly confirmed? These discrepancies have severely undermined the credibility of law enforcement institutions that are now struggling to defend their actions against mounting evidence of premeditation.
More troubling is the role of DOJ Secretary Crispin Remulla, whose legal justifications have revealed a dangerous perception of executive power. His interpretation suggests that the DOJ operates above the judiciary, unmoored from constitutional limits. If left unchecked, this mindset could set a precedent where legal processes are dictated not by law but by political expediency.
Ironically, what was initially seen as a blow to Duterte may now bolster his defense. His legal team has been handed a roadmap of government missteps, inconsistencies, and procedural failures that could be weaponized in court. The hearing—convened at the insistence of Senator Imee Marcos, sister of President Ferdinand “Bongbong” Marcos Jr.—may end up being more damaging to the current administration than to Duterte himself.
If anything, the hearing has laid bare a truth more damning than the ICC’s accusations: the Philippine government is fractured at its core, led by officials either unwilling or incapable of upholding the very legal frameworks they are sworn to protect. And in that fracture, the political tides may yet turn again.