Former president Rodrigo Duterte leads the proclamation rally of the Partido Demokratiko Pilipino (PDP) at Club Filipino in Greenhills, San Juan City, on February 13, 2025. Maria Tan, ABS-CBN News/File

MANILA (UPDATED) — A lawyer representing victims of alleged drug war killings said Saturday she was surprised that the interim release requested for detained former President Rodrigo Duterte was arranged with an undisclosed receiving state, even before the motion was filed.

In an interview on DZMM, International Criminal Court assistant to counsel Maria Kristina Conti said the interim release had been mentioned before but no details like mechanisms had been shared about it.

This comes as Duterte’s defense team headed by Nicholas Kaufman requested the former Philippine leader's release to an unnamed ICC member state.

"'Yung mismo paghingi ng interim release nasabi na 'yan dati pa, pero kung paano, anong mekanismo, 'yun 'yong wala pa. Ang ikinagulat ko, una, merong receiving state na daw silang nakausap. Kumbaga na-areglo na naayos na ito bago pa man i-submit itong motion," she said.

(They already brought up before the request for interim release, but the mechanism how it will be done, it wasn't clear. What surprised me was, first, they  already have a receiving state lined up. Meaning, it seemed they already arranged it even before the motion was submitted.)

Conti said she was also surprised that the prosecution is supposedly agreeing with the request, according to Duterte's defense team.

"Pangalawa, 'yong prosecution 'di umano ay pumayag na, na hindi kumontra dito sa motion na ito pero klaro ito na base sa terms and condition, hindi naman parang —  o sige, pwede ka nang lumaya. Ang gusto nila pwede kang lumaya pero ayon sa terms and conditions na ito," she explained.

(Secondly, they said the prosecution allegedly did not oppose the request but it’s clear that, based on the terms and conditions, this isn’t a simple 'okay, you’re free to go' situation. The release would have to follow specific terms and conditions.)

Duterte's defense team made submissions that upon his interm release, he will not abscond, not imperil proceedings, and not "continue" to commit crimes. 

It also argued that "humanitarian factors militate in favor of interim release".

‘50-50’ odds that ICC will grant Duterte interim release: victims’ lawyer

Conti said there are too many redacted portions on the request, which she earlier stated are details on the state that would ensure Duterte's cooperation to ICC after being released.

"Sa ngayon nga kung titingnan mo, gusto or nanghihingi ng humanitarian [consideration].... Gusto niyang lumaya dahil siya ay 80 years old. Hindi natin malaman ano yong iba pang dahilan," she said.

(If you look at it now, they’re requesting humanitarian [consideration]... He wants to be released because he is 80 years old and.. We don’t know the other reasons stated.)

'NOT LIKE BAIL'

She also explained that the interim release in ICC differs from regular bail.

In regular setting, she said, the accused has to pay cash bond that would be lost if the accused won't attend hearings.

An interim release by the ICC would resemble a "release on recognizance."

She said this means ICC would entrust the accused to a person or institution, provided that the latter would ensure the accused will show up at trial.

Conti earlier expressed worry over the requested interim release, saying it "poses a threat to the victims and their case".

She also said Duterte is "lucky" to experience due process unlike the supposed victims of extrajudicial killings.

Palace’s Castro: Did Duterte lawyers admit to crimes in request for interim release?

KABATAAN: RELEASE WILL BE USED TO INTIMIDATE EJK FAMILIES

In a statement, Kabataan Party-list warned that Duterte's release would harm victims and affect investigations into the killings.

"Ang pagpapalaya kay Duterte ay tiyak na gagawing viral content material na gagamitin ng paid troll army nila para i-bully, takutin at sirain ang morale ng mga pamilya ng EJK victims na nais sanang lumahok sa proseso ng ICC," Kabataan Party-list Rep. Raoul Manuel said.

(Duterte's release will surely become viral content material that paid troll armies will use to bully, intimidate and destroy the morale of families of EJK victims who want to participate in the ICC process) 

The party-list also criticized the Marcos Jr. administration for not taking a stand on the issue — the Palace said Friday it would respect however the ICC decides.

"Ang attitude nila na iwas-gulo ay pag-iwas din sa pagkamit ng hustisya," Manuel said.

(Their non-confrontational attitude is also avoidance of getting justice)

Malacañang on Friday also threw a question regarding specific wording on the request of Duterte's defense team which said he would "not continue to commit crimes."

“In one way or another, the counsel admitted that the President, the former President, had committed such crimes. Just a question. Because they will include that in their motion or petition that Mr. Duterte will not continue to commit crimes. So may pag-amin ba dito? (is this an admission?)” Palace Press Officer Claire Castro said.