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MANILA, Philippines — Former president Rodrigo Duterte experienced one of the greatest turnarounds in recent history: the very police force he commanded to execute his brutal drug war was tasked with arresting him for crimes against humanity and turning him over to the International Criminal Court (ICC).
The Philippine National Police (PNP), along with other law enforcement agencies, met Duterte when he arrived in Metro Manila from Hong Kong on the morning of March 11. Before the clock struck past midnight, the former president was on a plane to The Hague, Netherlands, where he will face trial in the ICC.
The hours between Duterte’s arrival at the Ninoy Aquino International Airport (NAIA) and his departure for The Hague from Villamor Air Base were filled with speculation. Duterte’s allies decried the arrest and alleged mistreatment, while the government maintained that the law was strictly followed.
Here’s what happened, according to the PNP.
'Miranda rights'
The warrant of arrest for Duterte came from the Philippine Center on Transnational Crime (PCTC), which requested the police to implement it, according to PNP Criminal Investigation and Detection Group (PNP-CIDG) chief Gen. Nicolas Torre III, one of the officers involved in Duterte’s arrest.
The official request to the PNP was to provide security while the PCTC executed the warrant.
Torre described the situation as calm on the police's side, while Duterte's camp was understandably emotional. In a viral video, Duterte's daughter, Kitty Duterte, was seen swearing at the police personnel. Duterte's partner, Honeylet Avanceña, allegedly pushed Torre and reportedly smacked another police officer with her phone. PNP spokesperson Jean Fajardo also faced verbal abuse from the Dutertes during the incident.
Department of Justice (DOJ) Undersecretary Nicholas Ty was also present on the ground during the arrest. The DOJ's role was to act as the competent judicial authority to witness the arrest and ensure that the law was being followed.
Ty mentioned that they had intended to read Duterte's Miranda Rights to him while at NAIA, but it was the lawyers accompanying Duterte at the time who caused the delay.
Duterte was accompanied by at least two lawyers at NAIA: former Executive Secretary Salvador Medialdea and his attorney wife, Maria Bertola Dizon.
As Duterte was transferred out of NAIA, speculation swirled regarding his whereabouts. By noon, the Presidential Communications Office (PCO) confirmed that Duterte had been arrested by the ICC for crimes against humanity. Reporters quickly dispersed, heading to various locations where they believed Duterte might be, with some traveling to the DOJ and others to the PNP Headquarters.
It was eventually revealed that Duterte was transferred to Villamor Airbase in Pasay, which strongly indicated that he was about to be flown directly to The Hague.
Villamor Airbase is home to PR001—the presidential plane used to carry the sitting president on international trips. While Duterte did not board this particular plane for his journey to The Hague, he was still allowed to stay in the 250th Presidential Airlift Wing, the same lounge he would typically use during foreign trips.
At Villamor Airbase, Duterte was finally read his Miranda Rights.
Speculation regarding Duterte's mistreatment began to spread online, particularly fueled by his allies.
However, Torre emphasized that throughout the entire process, the police refrained from using any physical force against the former president. He also assured that all police personnel involved wore bodycams to ensure transparency during the operation.
“The only people who touch him are his bodyguards,” Torre said.
The CIDG chief also clarified that Duterte was provided with food and water throughout the process. As for the viral story about Sen. Bong Go allegedly sending a pizza to Duterte because he did not have food, Torre explained that it was simply an addition to the abundant supply already available. In fact, there was so much food that Duterte had to start turning some of it down, according to Torre.
Apart from an abundance of food, there was also an abundance of medical attention, according to Torre. A PNP doctor and police nurses were on-site, alongside Duterte’s personal doctor, and the chief of the Villamor Air Base Hospital was also present to ensure his well-being.
'Delaying tactic'
Torre noted that there was an apparent delaying tactic from the Duterte camp. The viral photo of Duterte sleeping seemingly attached to an oxygen tank was part of it.
“He’s asleep from the whole time kaya nga noong hapon na, noong sinasabi kong matagal na masyado ang usapan ninyo ng inyong mga abogado mismong ang mga abogado ang nagsabi na, ‘Paano kaming makapag-usap, tulog siya,’ that’s already, you know, pang-stretch niya lang talaga, another blockade para ma-justify na hindi siya maisakay sa eroplano,” Torre said.
(He’s asleep the whole time and when it was afternoon, I told the lawyers that their discussion had been too long. The lawyers themselves said ‘How will we talk, he is sleeping’, that’s already, you know, to stretch it, another blockade to justify not getting on the airplane.)
Despite the presence of delays, Torre said that Duterte was never deprived of legal counsel, medicine, or food.
Boarding
When the time came for Duterte to board the plane to The Hague, Medialdea attempted to intervene.
However, Torre maintained that the process would proceed as required.
“Sir, tapos na ito. Kanina pa ang usapan, kaya sumakay ka na muna sa eroplano, kayo sa eroplano at saka na natin pag-usapan ang iba pa sa husgado na,” Torre told Medialdea.
(Sir, this is done. The discussion has taken a long time, so just board the airplane and then we can talk about other things in court.)
Medialdea dared Torre to arrest him. So he did.
Torre arrested the former executive secretary for obstruction of justice. The CIDG chief also read Medialdea his rights.
When Duterte saw Medialdea being arrested, he realized that the police were being serious, said Torre.
Eventually, Duterte boarded the plane, with Medialdea in tow. None of them had any of the appropriate visas, but the Philippine Embassy in the Netherlands was able to provide the necessary documents.
Duterte arrived in the Hague on March 13 (Filipino time) and was handed over to the ICC for crimes against humanity.
While there are still many questions surrounding the legality of Duterte’s arrest and handover to the ICC (many of which are pending in the Supreme Court), the Palace has maintained that the former president’s arrest is legal.
Malacañang cited Republic Act 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity.
“In the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under this Act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime. Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court, if any, or to another State pursuant to the applicable extradition laws and treaties,” Section 17 read.
Under the former president, the Philippine National Police (PNP) carried out the controversial drug war, which resulted in at least 6,000 deaths. However, human rights organizations estimate that the number could be as high as 30,000. The former president was widely criticized for making provocative statements that some believed may have encouraged law enforcement officers to use lethal force against suspects.
