President Rodrigo R. Duterte Act

25 JUL 14 P2:58 TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session S.B. No. — SENATE 57 Introduced by SENATOR IMEE R. MARCOS AN ACT PROHIBITING THE EXTRAORDINARY RENDITION OF PERSONS TO FOREIGN JURISDICTION EXPLANATORY NOTE On March 11, 2025, former President Rodrigo R. Duterte ("FPRRD") was arrested by the Philippine authorities without any warrant of arrest issued by a Philippine judge. On that same day, notwithstanding the fact that the government has repeatedly said that the International Criminal Court ("ICC") does not have any jurisdiction over the crimes allegedly committed by FPRRD, the Philippine Government forced FPRRD to board a plane, flew him out of the country without a court order therefor, and turned him over to the ICC. What took place on that fateful day was an extraordinary rendition- the transfer without due process of a detainee to the custody of a foreign jurisdiction. Philippine authorities tried to justify their actions on the word "surrender" under

Section 17 of Republic Act (RA) No. 9851 or the "Philippine Act on Crimes Against

International Humanitarian Law, Genocide, and Other Crimes Against Humanity". However, authorities conveniently ignored that the surrender or extradition of persons thereunder must be pursuant to a treaty or extradition laws. Neither was applicable. Likewise, neither Section 17 nor the entire RA No. 9851 for that matter, authorizes the Philippine authorities to arrest any person without a warrant issued by a Philippine court and to deliver such person to a foreign jurisdiction without an order issued by a Philippine Court. These abuses by the authorities in the arrest and turn-over of FPRRD may very well be committed against other individuals. Thus, it is necessary to make it exceedingly clear-if it is not yet clear already---that arresting an individual for the purpose of

turning him or her over to a foreign jurisdiction without an order and a warrant of arrest issued by a Philippine court is against the Constitution and is punishable under the law. Furthermore, to effectively deter future incidences of extraordinary renditions, it is necessary to empower the State to institute proactive measures, such as banning the entry of foreigners associated with foreign jurisdictions whose authority to investigate, arrest, prosecute, or punish persons found within the Philippines is not recognized by the country. It is also essential that properties and funds owned or controlled by these foreign jurisdictions be frozen in order to weaken their capability to commit extraordinary renditions. In view thereof, the passage of this bill is earnestly sought. IMEE R. MARCOS

TWENTIETH CONGRESS OF THE ) JUIL 14 P2:58 REPUBLIC OF THE PHILIPPINES First Regular Session SENATE S.B. No. - Introduced by SENATOR IMEE R. MARCOS AN ACT PROHIBITING THE EXTRAORDINARY RENDITION OF PERSONS TO FOREIGN JURISDICTION Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall also be known as the "President Rodrigo

R. Duterte Act. "

SEC. 2. Declaration of Policy. - It is the policy of the State to uphold its

sovereignty and maintain the primacy of its jurisdiction over persons within its territory and over crimes committed therein. It is likewise the policy of the State to empower the judicial system and maintain the constitutional mechanisms of checks and balances. Finally, the State recognizes the supreme importance of upholding the Constitutional right of all persons against deprivation of life and liberty without due process of law.

SEC. 3. Definition of Extraordinary Rendition. - For the purpose of this Act, the

term "extraordinary rendition" shall refer to the transfer of any person from any place within the territory of the Philippines to any place outside thereof, without the voluntary and written consent of the person transferred or an order issued by a competent Philippine court allowing such transfer, for the purpose of investigating, interrogating, prosecuting, detaining, imprisoning, or executing such person.

SEC. 4. Prohibited Acts. - To deter the incidence of extraordinary renditions,

the following acts shall be prohibited:

a. Transferring or causing the transfer of any person found within the territory of the Philippines to an international court, tribunal, organization, or State whose jurisdiction or authority to investigate, prosecute, detain, imprison, or execute such person is not expressly and unequivocally recognized by the Philippines through a treaty or international agreement from which the Philippines has not withdrawn at the time of such transfer; b. Transferring or causing the transfer of any person found within the territory of the Philippines to any international court, tribunal, organization, or State without the written and voluntary consent of the person transferred or an order issued by a competent Philippine court allowing such transfer; c. Arresting or detaining or causing the arrest or detention of any person found within the territory of the Philippines for the purpose of transferring him or her to any international court, tribunal, organization, or State without an arrest warrant issued therefor by a competent Philippine court; d. Investigating, arresting, detaining, or prosecuting any person found within the territory of the Philippines on behalf or in favor of, or upon the orders or instructions of, any international court, tribunal, organization, or State whose authority and/or jurisdiction to investigate, arrest, detain or prosecute such person is not expressly and unequivocally recognized by the Philippines through a treaty or international agreement from which the Philippines has not withdrawn at the time of such investigation, arrest, detention or prosecution; e. Investigating any person found within the Philippines on behalf or in favor of, or upon the orders or instructions of, any international court, tribunal, organization, or State without a permit issued therefor by the Department of Justice and the Department of Interior and Local Government; f. Issuing any permit to investigate in favor of any international court, tribunal, organization, or State, or to any person acting on their behalf, favor, orders or instructions, if the jurisdiction or authority of such court, tribunal, organization, or State to investigate the person who is the subject of the permit is not expressly and unequivocally recognized by the Philippines through a treaty from which the Philippines has not withdrawn at the time of the issuance of the permit;

g. The giving of any financial, material, or technological support or assistance for, or goods or services to, or in support of, any investigation, interrogation, prosecution, detention, imprisonment, or execution by any international court, tribunal, organization or State, whose jurisdiction or authority to investigate, interrogate, prosecute, detain, imprison, or execute a person found in the territory of the country is not expressly and unequivocally recognized by the Philippines through a treaty from which the Philippines has not withdrawn at the time such support, assistance, goods, or services, were given; and h. The giving of any financial, material, or technological support or assistance for, or goods or services to, or in support of any investigation by any international court, tribunal, organization or State which has not secured a permit to investigate from the Department of Justice and the Department of Interior and Local Government at the time such support, assistance, goods, or services were given. The accessories and accomplices in any of the acts under this Section shall be liable to the same extent as the principal.

SEC. 5. Penalties. -

a. The penalty of Reclusion Temporal shall be imposed upon any person who is found guilty of committing or attempting to commit the acts prohibited in paragraphs a to e of the preceding Section; b. The penalty of Prision Mayor shall be imposed upon any person who is found guilty of committing the act prohibited in paragraph f of the preceding section; Provided, that the accessory penalty of perpetual absolute disqualification shall be imposed instead of temporary absolute disqualification; and c. The penalty of Prision Correccional and a fine of Ten Million Pesos (Php 10,000,000), with subsidiary imprisonment in case of insolvency, shall be imposed upon any person who is found guilty of committing or attempting to commit the acts prohibited in paragraphs g and h of the preceding Section. The penalties herein imposed are without prejudice to any other criminal, administrative, and civil liabilities imposed by other Statutes.

SEC. 6. Freezing of properties to deter extrajudicial rendition. - All transactions

in all property and interests in property of any person who is formally charged in the proper Philippine Court with any of the offenses penalized under this Act are blocked and may may not be transferred, paid, exported, withdrawn, or otherwise deait in, if 5 such property and interests in property are in the Philippines, come within the 6 Philippines, or are within the possession or control of a Filipino citizen or resident, 7 unless the Philippine Court in which the charges against the aforementioned person are filed determines that: a. Such property or interest in property was not supplied, transferred, paid, sourced, leased, or lent by or on behalf of the international court, tribunal, organization, or State, for whose behalf or favor, or on whose orders or instructions, the person charged is alleged have committed the punishable acts; b. Such property or interest in property is not owned or controlled, directly or indirectly, in full or in part, by any employee or officer the international court, tribunal, organization, or, in case of a State, any employee or officer of the agency, bureau, ministry, or department, in whose behalf or favor, or on whose orders or instructions, the person charged is alleged have committed the punishable acts; and c. Such property or interest in property will not be used by the person charged or by any person acting on behalf of any international court, tribunal, organization, or State, in order to commit or cause the commission of any of the crimes punished in this Act. Pending the determination of compliance with the foregoing criteria, the Court shall allow the person charged to withdraw such sums or dispose of such properties as it deems reasonably necessary for the support of the person charged and his or her spouse and minor children.

SEC. 7. Aliens inadmissible for Visas or Admission. - Any person may file an ex

parte petition in the proper Philippine Court to deny the issuance of any visa or cancel any visa issued to an alien, if there is substantial evidence that such alien visited or will visit the Philippines in order to conduct or aid in the conduct of any investigation, inquiry, arrest, detention, or transfer of persons on behalf or in favor of any international court, tribunal, organization, or State whose jurisdiction or authority is not recognized by the Philippines through a treaty; Provided, That, upon the filing of

criminal charges in a Philippine court against any person for any of the acts prohibited under this Act, such court shall issue an order to the appropriate government agency to cancel any visa issued to the employees and officers of the international court, tribunal, organization, or, in case of a State, to the employees and officers of the agency, bureau, ministry, or department, for whose behalf or favor, or on whose orders or instructions the person charged is alleged have committed the punishable acts, without need of any separate petition therefor.

SEC. 8. Recourse of Victims. - All persons who have been subjected to

extraordinary rendition, whether prior to or after the enactment of this Act, shall be entitled to the appropriate remedies in Philippine courts. The Department of Foreign Affairs shall exhaust every diplomatic channel to ensure that Filipino citizens who are victims of extraordinary rendition will be repatriated to the Philippines as soon as possible and that judgments of the Philippine court will be given effect.

SEC. 9. Repealing Clause. - All laws, rules and reguations which are

inconsistent with this Act, are hereby repealed, amended or modified accordingly.

SEC. 10. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in any two (2) newspapers of general circulation in the Philippines. Approved,