MANILA — Senate Majority Floor Leader and senatorial bet Francis Tolentino believes former President Rodrigo Duterte should have been tried in the Philippines instead of being whisked away to the International Criminal Court 

Tolentino believes the ICC no longer has jurisdiction in the country.

“Dapat dito,” Tolentino said in ABS-CBN’s Harapan 2025 on Tuesday.

“There is a robust functioning judicial system here,” he said. “You still apply the complementarity principle na kapag may functioning judicial, unahin mo na dito.”

Tolentino said he has not changed his views on the absence of ICC’s jurisdiction.

“I still maintain that. Consistent tayo diyan three years ago,” he said. “Sinabi ko yun kasi kumalas na tayo dun sa ICC.”

The Philippines became a member of the ICC in 2011 but officially pulled out in 2019.

Tolentino refused to comment, however, on the legality of Duterte’s arrest.

“Yung kasing nakikita sa Facebook, sa mga social media, emotion yun eh. So yung legality, hindi naman pinag-uusapan yung Article 59 or Article 16 ng Rome Statute,” he said. “Let the Pre-Trial chamber decide as to whether Article 59 should be used or Article 59 can be set aside.”

Prodded further for his take whether Duterte’s rights were violated when he was taken to The Hague, Tolentino answered, “Siguro po, hayaan natin na sagutin yan ng Supreme Court. I think there are three habeas corpus petitions pending right now. So, I'd rather wait for the Supreme Court decision.”  

“Emotionally, masakit yun. Kasi matanda na. Parang hindi man lang napa, kasi galing sa travel, parang hindi man lang napagbigyan na makonsulta yung, magpa-medical check-up doon sa doctor of his choice. Yung ganong aspeto,” he further said.  

STILL FRIENDS

Tolentino used to be a member of Duterte’s Partido Demokratiko Pilipino (PDP) Laban but resigned in 2024 over “principal differences” related to the West Philippine Sea.

Despite this, Tolentino insisted he remained friends with the former President.

“Yung sa akin po, mas gusto ko po yung multilateral engagements with other countries rather than a bilateral, dalawa lang with China. So I'm not comfortable with just a bilateral approach. So yun po yung naging tenor ng pag-alis ko,” Tolentino explained.

“Remember, the law of the sea is a convention. Signatories, all countries except some. China is even a signatory. So, you hold in, you take into consideration all the signatories when there are violations,” he added.

Tolentino said he mentioned his views to Duterte before but denied that the President did not listen.

“Hindi siguro. Baka yun talaga yung definition noon ng previous administration, ng independent foreign policy,” he stated. “We continue to remain as friends.”

He appealed to Duterte supporters who think he has turned his back on the former President to be more scrutinizing.

“Siguro kilatisin maigi yung kung nagbago ba yung stand o pabago-bago yung stand, palagay ko hindi, di ba? So kilatisin maigi kasi they're free to judge.”

Tolentino also reiterated his willingness to help Senator Ronald Dela Rosa who, like Duterte, is also a suspect in the ICC Drug War case.

“Sabi ko, pag hihingin niya yung advice ko as a lawyer, following the canons of a lawyer, I'm willing to provide legal advice,” Tolentino said.

In case the warrant comes out, he believes Dela Rosa will know what to do as a former law enforcer.