Imee Marcos pushes for 'PRRD Act' that penalizes 'extraordinary rendition'
Senator Imee Marcos had filed a bill seeking to punish "extraordinary rendition" of persons to foreign authorities, inspired by the arrest and transfer of former president Rodrigo Duterte to the International Criminal Court.
Senate Bill No. 557, or the "President Rodrigo Roa Duterte Act," seeks to punish those guilty of turning over an individual to a foreign jurisdiction without voluntary and written consent or an order issued by a Philippine court to allow the transfer.
"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 in her explanatory note, adding that Duterte's arrest and turnover to the ICC in The Hague as "abuse" which "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," she added.
The bill seeks to prohibit any technical, material, or technological support or assistance to proceedings conducted by an international court, tribunal, organization, or state, whose jurisdiction is not recognized by the government of the Philippines.
It would also require a permit from the Department of Local and Interior Government or the Department of Justice to launch an investigation into a person within Philippine territory.
As a remedy, the bill ensures that all those who have been subjected to extraordinary rendition, whether before or after the enactment of the Act, will be entitled to seek appropriate legal remedies in the Philippine court.
“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 measure read.
If enacted into law, violations are punishable by up to 20 years of imprisonment, or six months of incarceration, and a fine of P10 million.
Before this, Marcos initiated a Senate investigation into the former president's arrest.
Duterte was arrested at the Ninoy Aquino International Airport on March 11 following a warrant of arrest issued by the ICC via the International Criminal Police Organization. He arrived in The Hague, the Netherlands, on March 12 to face the charges of crimes against humanity for the extrajudicial killings during his bloody war on drugs.
He could be the first Asian former head of state to be indicted by the ICC.
His pre-trial hearing is on Sept. 23, 2025. If the charges against him are confirmed, it could be months before the case eventually goes on trial, and years before a final judgment is rendered.