MANILA, Philippines — Senator Imee Marcos has filed a bill aiming to prevent the arrest or detention of individuals within the Philippines for the purpose of transferring them to international courts or tribunals without a valid arrest warrant issued by a Philippine court.
Senate Bill No. 557, titled the President Rodrigo R. Duterte Act, intends to address what Marcos described as “abuses by the authorities,” citing concerns that similar actions could be taken against other Filipino citizens in the future.
“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,” Marcos said.
She emphasized that such acts violate constitutional protections. “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 punishable under the law,” she added.
Under the proposed legislation, it would be unlawful to transfer any person within Philippine territory to a foreign court, tribunal, organization, or State unless that entity’s authority has been explicitly recognized by the Philippines through a treaty or international agreement. Exceptions will only be allowed if the person consents in writing or if a local court issues an order permitting the transfer.
The bill also seeks to ban arrests or detentions made for the purpose of surrendering individuals to foreign authorities without a Philippine court-issued warrant. Likewise, it prohibits conducting investigations, arrests, or prosecutions of Filipinos on behalf of or at the request of any international court or foreign body without a permit from the Department of Justice (DOJ) and the Department of the Interior and Local Government (DILG).
Marcos’ bill includes measures to freeze the assets of individuals formally charged under the proposed act. Any property or financial interests under Philippine jurisdiction or held by Filipino citizens or residents would be restricted from being transferred, withdrawn, or otherwise dealt with—unless specifically allowed by the court.
The measure also proposes allowing individuals to file ex parte petitions to cancel or deny visas of foreign nationals suspected of entering the country to conduct investigations or operations on behalf of unrecognized foreign jurisdictions.
In cases of “extraordinary rendition,” whether committed before or after the enactment of the law, the bill ensures that victims will be entitled to legal remedies through 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,” the bill stated.
