Former President Rodrigo Duterte’s illegal arrest is a dangerous assault on democracy – My Opinion

Former Philippine President Rodrigo Duterte’s recent incarceration on unfounded accusations marks a flagrant transgression of legal values, democratic standards, and human rights.  Without any reliable data, this politically driven act is a clear weaponizing of court procedures meant to muzzle opposition and undermine the precarious foundation of Philippine democracy.

• Respect of Due Process and Philippine Law
  The Philippine Constitution specifically protects people from unjustifiable detention.  The 1987 Constitution’s Article III, Section 2 states that “probable cause, to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses” [1] specifies that arrests call for judicial warrants based on whether the government should have arrested Duterte without following these strict guidelines; the arrest is illegal.  Moreover, the presumption of innocence contained in Article III, Section 14 is rendered useless if claims are used as a political weapon instead of being supported in court [1].
• Political Rendering and Baseless Allegations
  The arrest reeks of a spiteful endeavor to prosecute a political rival. Long under fire for his divisive tactics, especially the drug war, Duterte is still criticized; however, criticism does not excuse ignoring legal norms.  The government’s reliance on hyperbole instead of clear, evidence-based allegations reflects strategies used in authoritarian governments to marginalize adversaries. Grim reminders of how unbridled power corrupts justice come from historical predecessors like Ferdinand Marcos Sr., using arbitrary detention to quell dissent during martial regimes [2].
• Human Rights and International Law Issues
  Arbitrary arrests go against international law, notably Article 9 of the Universal Declaration of Human Rights (UDHR), which states, “No one shall be subjected to arbitrary arrest, detention, or exile” [3]. As a signatory to the International Covenant on Civil and Political Rights (ICCPR), the Philippine government owes it to preserve fair trial norms. This arrest calls the attention from organizations like the United Nations Human Rights Council and compromises world human rights systems.
• Chill Effect on the Rule of Law and Democracy
  Aiming at a previous president creates a dangerous precedent. No civilian is safe from political persecution if the government may hold eminent personalities without proof.  Echoing problems in countries like Venezuela, where Nicolás Maduro’s government jails rival to solidify power [4], this degradation of judicial independence turns legal institutions into instruments of repression.  Such acts discourage political involvement and deepen fear, therefore undermining democracy.
• Call to Action.
  Demand responsibility from media, civil society, and foreign friends as well. The Philippine government has to either free Duterte right now or provide indisputable proof for his detention. The court has to oppose executive overreach, and citizens have to fiercely protect the rule of law. When politicians use legal systems to score-adjust, democracy cannot endure.

Rodrigo Duterte’s arrest attacks the Philippine Constitution, the rule of law, and every citizen’s democratic liberties rather than only attacking an individual. Should we keep silent, history will criticize this period harshly. As José Diokno, a famous human rights attorney from the Philippines, once said, “No cause is more worthy than the cause of human rights.” That demands we criticize this flagrant injustice.

Source Notes
[1] 1987 Philippine Constitution, Article III (Bill of Rights).
[2] Amnesty International ( 1982 ) Report on Philippine Martial Law Human Rights Violations.
United Nations [3] 1948. Article 9 of Universal Declaration of Human Rights.
Human Rights Watch, 2023 [4] Venezuela: Methodical Confining of Dissension.
[5] Diokno, J. ( 1985 ) Talk at the University of the Philippines College of Law.