Defending Philippine Sovereignty: Why Senate Resolution 144 Betrays the Constitution and the Nation
By: Arnedo S. Valera, Esquire On October 1, 2025, the Philippine Senate adopted Resolution No. 144, urging the International Criminal Court (ICC) to place former President Rodrigo Roa Duterte under house arrest on humanitarian grounds. Though framed in compassion, the resolution is a legal and constitutional misstep. Instead of defending sovereignty, it legitimizes the ICC’s unlawful jurisdiction, ignores the unconstitutional surrender of Duterte to a foreign tribunal, and wrongly characterizes a domestic drug enforcement policy as a “crime against humanity.” This article contends that Senate Resolution No. 144 is inconsistent with the 1987 Constitution, incompatible with international law, and politically reckless. Philippine Sovereignty and Constitutional Limits Article II, Section 1 of the 1987 Constitution provides: “The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.” By appealing to the ICC, the ...