Senate Minority Leader Alan Peter Cayetano sponsors Senate Resolution No. 144 urging the ICC to place former President Rodrigo Duterte, 80, under house arrest for humanitarian considerations. (Wendell D. Alinea | Senate Social Media Unit)
The Senate urges the ICC to consider house arrest for ex-president Rodrigo Duterte on humanitarian grounds, citing medical evaluation and strict trial safeguards.
MANILA — The Philippine Senate on Wednesday, October 1, 2025, adopted Senate Resolution No. 144 urging the International Criminal Court (ICC) to place former president Rodrigo Duterte under house arrest on humanitarian grounds.
The measure passed with 15 votes in favor, three against, and two abstentions.
The resolution, presented by Senate Minority Leader Alan Peter Cayetano, asks the ICC to appoint a physician to assess Duterte’s medical condition.
If further detention is deemed harmful to his health, the court is urged to consider house arrest or similar confinement.
Lawmakers stressed that the measure is a non-binding advisory expressing the chamber’s position, not an attempt to dismiss charges or grant immunity.
Since March 2025, Duterte has been held at the ICC detention centre in Scheveningen, The Hague, where he awaits trial for alleged crimes against humanity linked to the government’s anti-drug campaign. He has not been convicted and continues to deny wrongdoing.
The resolution does not call for his return to the Philippines. If granted, Duterte would likely remain in the Netherlands, confined to a private or ICC-supervised residence under strict monitoring to ensure trial compliance.
Legal basis
Under Article 60 of the Rome Statute and Rule 119 of ICC procedure, judges may grant conditional interim release when justified by medical or humanitarian grounds.
This can include house arrest, subject to conditions such as residence at a specified address, restrictions on contact with witnesses, and mandatory court appearances.
A notable precedent is the case of Jean-Pierre Bemba, a Congolese politician and former rebel leader who was arrested in 2008 and transferred to The Hague to face war crimes and crimes against humanity charges.
While detained, his defense repeatedly sought interim release or house arrest, which ICC judges considered under strict conditions.
His case remains one of the most prominent examples of how the court weighs humanitarian appeals while safeguarding the integrity of proceedings.
Voting record and reactions
Among those who opposed the resolution were Senators Risa Hontiveros, Bam Aquino, and Francis “Kiko” Pangilinan.
Senate President Vicente “Tito” Sotto III and Raffy Tulfo abstained, while 15 senators, including Cayetano and Majority Leader Juan Miguel Zubiri, supported the measure.
Supporters argue the move reflects compassion without undermining accountability, while critics warn it may be seen as political pressure on international judges.
