PCTC lacks authority to serve Duterte’s arrest warrant

Neither the International Criminal Police Organization (Interpol) nor Philippine regulations mandate the Philippine Center on Transnational Crime (PCTC) to execute arrests, contrary to SAGIP Party-list Rep. Rodante Marcoleta’s claim that the PCTC–not Philippine National Police (PNP)–should have served the arrest warrant on former President Rodrigo Duterte on March 11.

The PCTC, which serves as Interpol’s National Central Bureau in Manila, is not tasked with carrying out arrests but with coordinating “the processing of requests for cooperation and international alerts sent to them by means of Interpol notices, diffusions and messages” at the national level, according to Article 20 of Interpol’s Rules on the Processing of Data. 

Interpol’s official website also makes it clear that it “does not carry out investigations or arrests,” noting that national law enforcement agencies are responsible for these. 

Marcoleta, a senatorial bet under the Duterte-allied PDP-Laban slate, questioned why PCTC Executive Director Anthony Alcantara did not serve the arrest warrant—if the move was in compliance with Interpol obligations—during an interview on internet personality Reymond delos Reyes’ show “Aplikante ng Bayan” on March 21. He said:

Kung totoo na tayo ay tumugon lamag alang-alang doon sa ating obligasyon sa Interpol, bakit hindi ‘yung representative ng Interpol na counterpart niya dito sa ating bansa, ‘yung head ng PCTC, ang nagsasalita (If it’s true that we only responded out of our obligation to Interpol, then why isn’t Interpol’s representative in our country, the head of the PCTC, the one speaking)?

Referring to a video showing PNP-Criminal Investigation and Detection Group chief Maj. Gen. Nicolas Torre III reading the Miranda rights to Duterte, he challenged the legality of the arrest:

Paano magiging legal kung hindi naman siya (Alcantara) nag-serve ng warrant? Paano magiging legal kung hindi man lang nakita na dala-dala niya ‘yung pisikal, ‘yung hard copy ng warrant of arrest (How can it be legal if he didn’t serve the warrant? How can it be legal if he wasn’t even seen carrying the physical, hard copy of the arrest warrant)?

Duterte was arrested on March 11 at the Ninoy Aquino International Airport upon arrival from Hong Kong based on an arrest warrant issued by the International Criminal Court over alleged crimes against humanity. 

Since the Philippines withdrew from the ICC in 2019, the court coursed the arrest through Interpol, to which the country remains a member state.

Alcantara said on March 20 the Interpol released a red diffusion for Duterte’s arrest, which was forwarded to the PNP, National Bureau of Investigation, Bureau of Immigration and the Department of Justice. 

The PNP subsequently assisted the PCTC in implementing the diffusion, a procedure in line with Section 8 of Executive Order No. 62, s. 1999, which outlines PCTC’s coordinating efforts against transnational crime. It states: 

The intent of this issuance is to put strong and intensified focus against organized transnational crime which will be addressed by the PCTC in the course of the government’s anti-crime campaign, while the Philippine National Police (PNP) shall continue to be the primary general law enforcement agency of the country pursuant to Republic Act No. 6975, as amended.

Section 24 of R.A. No. 6975 empowers the PNP “to make arrest, search and seizure in accordance with the Constitution and pertinent laws.”

During the arrest, the PNP presented Duterte an electronic copy of the ICC warrant, which was sufficient under Philippines law despite Marcoleta’s claim that a printed copy was required.

Rule 113, Section 7 of the Rules of Criminal Procedure requires officers to inform the person of the existence of a warrant but does not require the arresting officer to physically carry and present it at the time of arrest.

However, the officer must present it as soon as practicable if requested.

Joel Butuyan, a Filipino lawyer accredited by the ICC, said in a press briefing that even the ICC recognizes electronic warrants as valid:

Even sa ICC mismo, hindi kailangang ipakita ‘yung physical warrant of arrest dahil pupwedeng e-warrant din ‘yan. In fact, ‘yung proceedings ng ICC, even ‘yung kanilang trial, paperless na ‘yan (Even in the ICC, presenting a physical arrest warrant is not required since an e-warrant is also valid. In fact, ICC proceedings, including trials, are now paperless).

Although not required, a printed copy of the arrest warrant was provided to Duterte and received by his legal counsel, Martin Delgra, after the former president was transferred to Villamor Air Base.

Marcoleta’s interview with delos Reyes has garnered over 820,000 views, 22,000 likes and 3,700 comments on YouTube. It has received more than 40,000 likes, 2,600 comments and 17,000 shares on Facebook. (AJM)