DAVAO CITY – Acting Davao City Mayor Sebastian Duterte on Monday, Sept. 15, lodged criminal and administrative complaints before the Office of the Ombudsman against several government officials, accusing them of orchestrating the “illegal arrest” and transfer of former President Rodrigo Duterte to the International Criminal Court in March.

In a 160-page affidavit-complaint transmitted to the Office of the Deputy Ombudsman for Mindanao, Mayor Duterte named the respondents as Interior and Local Government Secretary Juan Victor Remulla, Defense Secretary Gilbert Teodoro, National Security Adviser Eduardo Año, Justice Secretary Jesus Crispin Remulla, former Philippine National Police chief Rommel Francisco Marbil, former Criminal Investigation and Detection Group director Police Major Gen. Nicolas Torre III, several other officials from the justice and police sectors, and unnamed pilots and the owner of the Gulfstream G550 that took former President Duterte to The Hague.

Respondents are facing charges for eight counts of kidnapping under Article 267 of the Revised Penal Code, eight counts of arbitrary detention under Article 124 of the Revised Penal Code, violation of Section 4 in relation to Section 12 of the Republic Act No. 9745 or qualified direct assault under Article 148 of the Revised Penal Code, expulsion under Article 127 of the Revised Penal Code, two counts of violation of Section 4 of the RA No. 7438, usurpation of judicial functions (Article 241 of the Revised Penal Code), breach of Section 3(a) of RA 3019 (Anti-Graft and Corrupt Practices Act), and violation of Section 3(e) of RA 3019.

The complaint stemmed from events that Mayor Duterte said unfolded shortly after his father, former President Duterte, partner Honeylet Avanceña, and daughter Veronica Duterte landed at Ninoy Aquino International Airport Terminal 3 from Hong Kong on March 11. He said that the respondents illegally arrested the Duterte patriarch.

According to the complainant, police allegedly approached the party without presenting a Philippine court issued arrest warrant, instead showing a paper described as an International Criminal Police Organization document tied to ICC process, something the complainant argued carries no legal force domestically.

Arresting authorities allegedly brought former President Duterte and members of his entourage to Villamor Airbase in Pasay City, where they were held in a “holding room” under guard for hours, denied access to medical care and legal counsel, and later placed on a chartered flight to The Hague, Netherlands, without any court order or extradition proceedings.

A screen capture embedded in the complaint showed a confrontation at the passenger bridge and another image pictured officials presenting a paper inside the aircraft.

The affidavit alleged that authorities relied solely on an Interpol diffusion notice rather than a valid arrest warrant.

It also claimed that Vice President Sara Duterte – identified as the former President’s lawyer – was repeatedly refused entry at the Villamor gate, to see him or obtain legal documents, and that former Executive Secretary Salvador Medialdea was handcuffed and separately arrested. An image showed the scene inside the holding area during the standoff.

Mayor Duterte said that his father, who has diabetes, was deprived of urgent medical treatment despite a medical certification warning of serious complications. The filing includes a photo of a physician examining him at Villamor and a doctor recording a blood glucose reading of 328 mg/dL before recommending urgent hospital admission.

On March 12, former President Duterte was aboard a private jet with tail No. RP C5129 that flew to Dubai, United Arab Emirates and then on to the Netherlands.

The affidavit includes a cabin photo that showed the former President with officials on board and cited flight tracking records and ICC scheduling to assert he arrived in the Netherlands on March 12 and appeared—represented by Medialdea—in an ICC initial hearing on March 14.

The filing reproduced remarks attributed to Medialdea at the hearing that characterized the transfer as “extrajudicial rendition” and saying the ICC Registry should explain the circumstances.

Mayor Duterte argued that the ICC had no jurisdiction to act on the case, citing the Philippines’ withdrawal from the Rome Statute in 2019.

He accused the respondents of violating several laws, including provisions of the Revised Penal Code, the Anti-Torture Act, and the Anti-Graft and Corrupt Practices Act.

The filing sought administrative sanctions for serious dishonesty, gross neglect of duty, grave misconduct, disloyalty to the Republic and the Filipino people, oppression (grave abuse of authority), and conduct prejudicial to the best interest of the service.

The complaint argued the Ombudsman has jurisdiction over both the criminal and administrative aspects under Republic Act No. 6770, the Ombudsman Law, and cites jurisprudence on the office’s “full administrative disciplinary authority.” The filing framed the case as one fit for the Ombudsman’s constitutional role as “protector of the people.”

It urged the Ombudsman to hold the officials accountable for the “pre-planned illegal arrest, detention, and expulsion” that disregarded Philippine sovereignty and constitutional guarantees.

Mayor Duterte formally prayed for the respondents’ preventive suspension, arguing “evidence of guilt is strong” and their continued tenure could jeopardize witnesses and evidence.

He separately filed a petition for a Writ of Habeas Corpus before the Supreme Court concerning his father’s alleged detention and expulsion.

The Ombudsman docket numbers in the transmittal are blank as of posting time, as it has yet to rule on the complaint’s sufficiency or order any action.

If the Ombudsman finds sufficient basis, it may initiate or conduct a preliminary investigation and, on the administrative side, impose preventive suspension during proceedings—remedies the complainant expressly seeks in this case.