The Senate minority bloc has filed a resolution allowing Filipinos to seek local remedies first before facing any international criminal jurisdiction.

Senate Minority Leader Alan Peter Cayetano (Senate PRIB photo)

Senate Resolution No. 307, which the minority bloc filed on Wednesday, Feb. 18, 2026, expresses the sense of the Senate to “protect all Filipinos against extraordinary rendition and guarantee them a reasonable time prior to their surrender by or extradition from the Philippines to seek redress from the courts and avail of legal remedies.”

“Due process and national sovereignty are two of the most fundamental tenets of our Constitution, the bedrock of our civil society, without which we can only hope in vain to honor God, build communities, and transform the nation,” the minority senators stated in SR No. 307.

The bloc is composed of Minority Leader Alan Peter Cayetano, Ronald “Bato” Dela Rosa, Christopher “Bong” Go, Robinhood “Robin” Padilla, Imee Marcos, Rodante Marcoleta, Jinggoy Estrada, Francis “Chiz” Escudero and Joel Villanueva.

The resolution was filed after the International Criminal Court (ICC) named Go and Dela Rosa as co-perpetrators of former president Rodrigo Duterte who is facing crimes against humanity case before the international tribunal.

The resolution said the naming of the incumbent senators as “co-perpetrators” in an ICC document makes them vulnerable to extraordinary rendition, underscoring the necessity for the State to ensure all persons sought for extradition or surrender are guaranteed reasonable time and opportunity to access the legal system.

The minority bloc has repeatedly insisted on the limits of international criminal jurisdiction without the benefit of redress through local judicial processes as it undermines both sovereignty and due process.

In an interview on Wednesday, Cayetano insisted that the resolution is anchored not merely on technicalities, treaties, or statutory interpretation but on the very spirit and essence of the 1987 Constitution.

“Ang diwa ng ating Saligang Batas ay malinaw: kung may problema o paratang laban sa isang Pilipino, may karapatan siyang dumulog sa ating mga hukuman. Hindi maaaring isantabi ang ating mga korte (The spirit of our Constitution is clear: if there is a problem or accusation against a Filipino, he has the right to go to our courts. Our courts cannot be set aside),” he said.

“Kung ang magiging interpretasyon ay kapag may arrest order mula sa ICC o kahit anong international court ay agad na dadamputin at dadalhin sa ibang bansa, napaka-delikado nito. Hindi lang ito usapin ng isang tao — usapin ito ng ating soberanya at ng ating constitutional framework (If the interpretation is that when there is an arrest order from the ICC or any international court, he will immediately be arrested and taken to another country, it is very dangerous. This is not just a matter of one person — it is a matter of our sovereignty and our constitutional framework),” he added.

The same resolution also highlights the constitutional mandates of independent foreign policy, national sovereignty, territorial integrity, and due process, arguing that the government’s decision to surrender former President Duterte to the ICC without affording him judicial redress exemplifies a denial of due process and an abrogation of national sovereignty under Section 17 of Republic Act No. 9851.

“Due process and the rule of law should not be sacrificed at the altar of a blind pursuit of justice. The 1987 Constitution guarantees that in all criminal prosecutions, an accused shall be presumed innocent until the contrary is proved, and that no person shall be deprived of life, liberty, or property without due process of law,” the resolution noted.

Dela Rosa has been absent in the Senate since November 2025 after Ombudsman Jesus Crispin Remulla said that the ICC already has an arrest warrant against him.

Go, on the other hand, still shows up at the Senate saying he is ready to face the allegations which he called “unfounded and unfair.”

Go, who was Special Assistant to the President during the Duterte administration, had denied participation in the so-called war on drugs that targeted suspected illegal drug users in the country and which led to thousands of civilians being killed.