In Pursuit of Justice: Upholding Philippine Law
Amid International Pressure
There is a saying that sovereignty is not a mere word—it is a duty. And yet, in these times, the nation finds itself in a delicate balancing act between domestic law and international demands. Senate President Pro Tempore Panfilo Lacson recently clarified his stand on the International Criminal Court’s arrest warrants against Senators Ronald “Bato” dela Rosa and Christopher Lawrence “Bong” Go.
“What I am protecting is our country’s legal processes as enshrined in the Constitution, and not Senators Ronald ‘Bato’ dela Rosa or Christopher Lawrence ‘Bong’ Go who now face charges before the International Criminal Court (ICC),” Lacson said on Monday.
He is right to remind us that the Constitution is not a decoration in the halls of government—it is the shield of the Filipino people. Article III, Section 2, clearly states:
”(t)he right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.”
“It does not matter if the warrant is issued by a foreign jurisdiction where extradition is in effect. Article III Section 2, which deals with protection from deprivation of liberty of our citizens, must be respected,” Lacson stressed.
This is not about shielding individuals from accountability—it is about defending the sovereignty of the local courts. As Lacson noted, the Supreme Court is the final arbiter on these matters. And rightly so. No foreign tribunal can bypass the country's system of justice without eroding the very foundations of the Republic.
Echoing Lacson’s concern for due process, Senator Bam Aquino also stressed the importance of confronting alleged extrajudicial killings within the country. “The trials for these cases should ideally be held here in the Philippines because this is where the victims are,” Aquino said. “Seeking justice where the alleged crimes happened would be more meaningful.”
Nevertheless, Aquino affirmed respect for the ongoing ICC process. The notion of leaving justice solely to local courts may be intended to inspire faith in our legal system—but such faith is fragile, especially when laws have been bent to serve particular interests. No matter how carefully crafted, statutes can become moot or purely academic when their spirit is disregarded. Consider laws against involuntary disappearances being ignored, or writs like the writ of amparo dismissed by authorities claiming to act against subversion. While it is true that some trust in local courts exists, the pressing question remains: do our courts truly deliver justice, without fear or favor?
Again, the global stage cannot be ignored. In one post from Atty. Jesus Falcis, he urged people not to be swayed by simplistic views such as those supporting Duterte that "all Filipinos should be tried locally at all times"- enough to justify defending their idol and his camarilla. Worse, they forgot the person who drafted the law. "To Senator Bam Aquino, Miriam Defensor Santiago was the sponsor and author of RA No. 9851 – the legal basis that BBM used to surrender Duterte." Falcis said.
“Small fish involved in EJK can be tried locally. But Bato and Bong Go should be tried in The Hague,” Falcis added, emphasizing that law enforcement personnel directly implicated in extrajudicial killings can face justice in local courts. However, Duterte, Dela Rosa, and Bong Go—figures who consistently benefit from an uneven playing field in the Philippines, from the prosecutor stage to the regional trial courts—entities not immune to the influence peddling surrounding the Dutertes.
"For them, the fairest trial can only be held before the ICC." Falcis stressed.
Atty. Mel Sta. Maria also reminded people that universal crimes, crimes against humanity, demand attention beyond borders. “To insist on a domestic warrant for a universal crime against humanity is to build a wall where there should be a bridge. Let us choose justice over technicalities,” Sta. Maria wrote.
Sta. Maria is correct: the Philippines must honor its international obligations. RA 9851 allows for surrender to foreign courts when appropriate, as the Constitution also adopts accepted principles of international law. Cooperation with the ICC does not diminish sovereignty—it strengthens it, showing that the Philippines is a responsible member of the world community.
The lesson is clear: true patriotism does not hide behind technicalities. It upholds the rule of law at home while facing the demands of the world with courage and integrity. As Filipinos, we must never forget that protecting the Constitution and legal processes is the truest way to defend the nation.