TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
■3 JUL14 P2:'38
r- ■
SENATE„_
s.B. No. 5b7
Introduced by SENATOR IMEE R. MARCOS
AN ACT
PROHIBITING THE EXTRAORDINARY RENDITION OF PERSONS TO
FOREIGN JURISDICTION
EXPLANATORY NOTE
On March 11, 2025, former President Rodrigo R. Duterte ("FPRRD") was arrested 
by the Philippine authorities without any warrant of arrest issued by a Philippine judge. 
On that same day, notwithstanding the fact that the government has repeatedly said 
that the International Criminal Court ("ICC") does not have any jurisdiction over the 
crimes allegedly committed by FPRRD, the Philippine Government forced FPRRD to 
board a plane, flew him out of the country without a court order therefor, and turned 
him over to the ICC.
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.
Philippine authorities tried to justify their actions on the word "surrender" under 
Section 17 of Republic Act (RA) No. 9851 or the "Philippine Act on Crimes Against 
International Humanitarian Law, Genocide, and Other Crimes Against Humanity". 
However, authorities conveniently ignored that the surrender or extradition of persons 
thereunder must be pursuant to a treaty or extradition laws. Neither was applicable. 
Likewise, neither Section 17 nor the entire RA No. 9851 for that matter, authorizes the 
Philippine authorities to arrest any person without a warrant issued by a Philippine court 
and to deliver such person to a foreign jurisdiction without an order issued by a 
Philippine Court.
These abuses by the authorities in the arrest and turn-over of FPRRD 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
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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. 
Furthermore, to effectively deter future incidences of extraordinary renditions, it is 
necessary to empower the State to institute proactive measures, such as banning the 
entry of foreigners associated with foreign jurisdictions whose authority to investigate, 
arrest, prosecute, or punish persons found within the Philippines is not recognized by 
the country. It is also essential that properties and funds owned or controlled by these 
foreign jurisdictions be frozen in order to weaken their capability to commit 
extraordinary renditions.
In view thereof, the passage of this bill is earnestly sought.
. MARCOS Y


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TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
2b JLIL 14 P2 :b8
S.B. No.
SENATE
r r 
uu /
f;.;.
Introduced by SENATOR IMEE R. MARCOS
AN ACT
PROHIBITING THE EXTRAORDINARY RENDITION OF PERSONS TO
FOREIGN JURISDICTION
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:
SECTION 1. Short Title. - This Act shall also be known as the "PresidentRodrigo 
R. Duterte Act"
SEC. 2. Declaration of Policy. - It is the policy of the State to uphold its 
sovereignty and maintain the primacy of its jurisdiction over persons within its territory 
and over crimes committed therein. It is likewise the policy of the State to empower 
the judicial system and maintain the constitutional mechanisms of checks and balances. 
Finally, the State recognizes the supreme importance of upholding the Constitutional 
right of all persons against deprivation of life and liberty without due process of law.
SEC. 3. Definition of Extraordinary Rendition. - For the purpose of this Act, the 
term "extraordinary rendition" shall refer to the transfer of any person from any place 
within the territory of the Philippines to any place outside thereof, without the voluntary 
and written consent of the person transferred or an order issued by a competent 
Philippine court allowing such transfer, for the purpose of investigating, interrogating, 
prosecuting, detaining, imprisoning, or executing such person.
SEC. 4. Prohibited Acts. - To deter the incidence of extraordinary renditions, 
the following acts shall be prohibited:


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a. Transferring or causing the transfer of any person found within the territory of 
the Philippines to an international court, tribunal, organization, or State whose 
jurisdiction or authority to investigate, prosecute, detain, imprison, or execute 
such person is not expressly and unequivocally recognized by the Philippines 
through a treaty or international agreement from which the Philippines has not 
withdrawn at the time of such transfer;
b. Transferring or causing the transfer of any person found within the territory of 
the Philippines to any international court, tribunal, organization, or State without 
the written and voluntary consent of the person transferred or an order issued 
by a competent Philippine court allowing such transfer;
c. Arresting or detaining or causing the arrest or detention of any person found 
within the territory of the Philippines for the purpose of transferring him or her 
to any international court, tribunal, organization, or State without an arrest 
warrant issued therefor by a competent Philippine court;
d. Investigating, arresting, detaining, or prosecuting any person found within the 
territory of the Philippines on behalf or in favor of, or upon the orders or 
instructions of, any international court, tribunal, organization, or State whose 
authority and/or jurisdiction to investigate, arrest, detain or prosecute such 
person is not expressly and unequivocally recognized by the Philippines through 
a treaty or international agreement from which the Philippines has not 
withdrawn at the time of such investigation, arrest, detention or prosecution;
e. Investigating any person found within the Philippines on behalf or in favor of, or 
upon the orders or instructions of, any international court, tribunal, organization, 
or State without a permit issued therefor by the Department of Justice and the 
Department of Interior and Local Government;
f. 
Issuing any permit to investigate in favor of any international court, tribunal, 
organization, or State, or to any person acting on their behalf, favor, orders or 
instructions, if the jurisdiction or authority of such court, tribunal, organization, 
or State to investigate the person who is the subject of the permit is not 
expressly and unequivocally recognized by the Philippines through a treaty from 
which the Philippines has not withdrawn at the time of the issuance of the 
permit;


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g. The giving of any financial, material, or technological support or assistance for, 
or goods or services to, or in support of, any investigation, interrogation, 
prosecution, detention, imprisonment, or execution by any international court, 
tribunal, organization or State, whose jurisdiction or authority to investigate, 
interrogate, prosecute, detain, imprison, or execute a person found in the 
territory of the country is not expressly and unequivocally recognized by the 
Philippines through a treaty from which the Philippines has not withdrawn at the 
time such support, assistance, goods, or services, were given; and
h. The giving of any financial, material, or technological support or assistance for, 
or goods or services to, or in support of any investigation by any international 
court, tribunal, organization or State which has not secured a permit to 
investigate from the Department of Justice and the Department of Interior and 
Local Government at the time such support, assistance, goods, or services were 
given.
The accessories and accomplices in any of the acts under this Section shall be 
liable to the same extent as the principal.
SEC. 5. Penalties. -
a. The penalty of Reclusion Temporal shall be imposed upon any person who is 
found guilty of committing or attempting to commit the acts prohibited in 
paragraphs a to e of the preceding Section;
b. The penalty of Prision Mayor shall be imposed upon any person who is found 
guilty of committing the act prohibited in paragraph f of the preceding section; 
Provided, that the accessory penalty of perpetual absolute disqualification shall 
be imposed instead of temporary absolute disqualification; and
c. The penalty of Prision Correccional and a fine of Ten Million Pesos (Php 
10,000,000), with subsidiary imprisonment in case of insolvency, shall be 
imposed upon any person who is found guilty of committing or attempting to 
commit the acts prohibited in paragraphs g and h of the preceding Section.
The penalties herein imposed are without prejudice to any other criminal, 
administrative, and civil liabilities imposed by other Statutes.


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SEC. 6. Freezing of properties to deter extrajudicial rendition. - All transactions 
in all property and interests in property of any person who is formally charged in the 
proper Philippine Court with any of the offenses penalized under this Act are blocked 
and may may not be transferred, paid, exported, withdrawn, or otherwise dealt in, if 
such property and interests in property are in the Philippines, come within the 
Philippines, or are within the possession or control of a Filipino citizen or resident, 
unless the Philippine Court in which the charges against the aforementioned person are 
filed determines that:
a. Such property or interest in property was not supplied, transferred, paid, 
sourced, leased, or lent by or on behalf of the international court, tribunal, 
organization, or State, for whose behalf or favor, or on whose orders or 
instructions, the person charged is alleged have committed the punishable acts;
b. Such property or interest in property is not owned or controlled, directly or 
indirectly, in full or in part, by any employee or officer the international court, 
tribunal, organization, or, in case of a State, any employee or officer of the 
agency, bureau, ministry, or department, in whose behalf or favor, or on whose 
orders or instructions, the person charged is alleged have committed the 
punishable acts; and
c. Such property or interest in property will not be used by the person charged or 
by any person acting on behalf of any international court, tribunal, organization, 
or State, in order to commit or cause the commission of any of the crimes 
punished in this Act.
Pending the determination of compliance with the foregoing criteria, the Court 
shall allow the person charged to withdraw such sums or dispose of such properties as 
it deems reasonably necessary for the support of the person charged and his or her 
spouse and minor children.
SEC. 7. Aliens inadmissible for Visas or Admission. - Any person may file an ex 
parte petition in the proper Philippine Court to deny the issuance of any visa or cancel 
any visa issued to an alien, if there is substantial evidence that such alien visited or will 
visit the Philippines in order to conduct or aid in the conduct of any investigation, 
inquiry, arrest, detention, or transfer of persons on behalf or in favor of any 
international court, tribunal, organization, or State whose jurisdiction or authority is not 
recognized by the Philippines through a treaty; Provided, That, upon the filing of


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criminal charges in a Philippine court against any person for any of the acts prohibited 
under this Act, such court shall issue an order to the appropriate government agency 
to cancel any visa issued to the employees and officers of the international court, 
tribunal, organization, or, in case of a State, to the employees and officers of the 
agency, bureau, ministry, or department, for whose behalf or favor, or on whose orders 
or instructions the person charged is alleged have committed the punishable acts, 
without need of any separate petition therefor.
SEC. 8. Recourse of Victims. - All persons who have been subjected to 
extraordinary rendition, whether prior to or after the enactment of this Act, shall be 
entitled to the appropriate remedies in Philippine courts. 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.
SEC. 9. Repeating Clause. - All laws, rules and regulations which are 
inconsistent with this Act, are hereby repealed, amended or modified accordingly.
SEC. 10. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in any two (2) newspapers of general circulation 
in the Philippines.
Approved,