G.R. No. 238875, March 16, 2021
In 2017, Atty. Jude Sabio filed a complaint before the International Criminal Court pertaining to alleged summary killings when President Duterte was the mayor of Davao City. The Office of International Criminal Court Trial Prosecutor Fatou Bensouda (Prosecutor Bensouda) commenced the preliminary examination of the atrocities allegedly committed in the Philippines pursuant to the Duterte administration’s “war on drugs. On March 15, 2018, the Philippines announced its withdrawal from the International Criminal Court. It formally submitted its Notice of Withdrawal through a Note Verbale to the United Nations Secretary-General’s Chef de Cabinet. The Secretary General received this communication the following day. Through these actions, the Philippines completed the requisite acts of withdrawal. This was all consistent and in compliance with what the Rome Statute plainly requires. By this point, all that was needed to enable withdrawal have been consummated. Further, the International Criminal Court acknowledged the Philippines’ action soon after it had withdrawn.
Three Petitions for Certiorari and Mandamus were filed, assailing the executive’s unilateral act of withdrawing from the Rome Statute for being unconstitutional.