First impeachment complaint vs Marcos faults him for ICC arrest of Duterte

The first impeachment complaint filed against President Ferdinand Marcos Jr. wants him removed from office for enabling the arrest of former president Rodrigo Duterte on an International Criminal Court warrant.

The endorser of that petition, Pusong Pinoy Representative Jett Nisay, was curiously among the 215 lawmakers who signed the impeachment complaint against Vice President Sara Duterte in February 2025.

The complaint, filed by lawyer Andre de Jesus, alleged that Marcos “compromised national sovereignty and constitutional order” by “surrendering” ex-president Duterte to the ICC.

It said Marcos’ actions were tantamount to a violation of the Constitution and betrayal of public trust.

The Philippines under Duterte withdrew from the Rome Statute in 2019, but the ICC’s jurisdiction covered crimes committed while the Philippines was a party to the Statute. Duterte was charged with crimes against humanity over his bloody drug war when he was Davao City’s mayor and later Philippine president.

While the Philippines under Marcos maintained it had no obligation to cooperate with the ICC, Duterte was still successfully brought to The Hague in March 2025 because the international tribunal tapped the Interpol, of which the Philippines is a member, to help arrest Duterte.

Duterte’s supporters have long framed the arrest of Duterte as an act of “kidnapping,” an argument that was echoed in the petition.

“The arrest and transfer were carried out despite the continued operation of Philippine courts, proving that Respondent deliberately resorted to foreign intervention and completely ignored domestic legal processes,” the complaint read.

Alleged drug use

Another key reason cited in the petition was Marcos’ alleged drug use, a longstanding talking point in the Duterte universe.

The former president was among the first to publicly accuse Marcos of drug use in January 2024, more than a year before his eventual arrest. The petition also heavily cited the statement made by Marcos’ sister Imee, a senator, in November which alleged that her brother and the First Family are drug addicts. The Palace has denied the accusations.

The complaint, however, argued that Marcos’ silence confirms public suspicion.

“Respondent’s refusal to submit to a drug test conclusively demonstrates his disregard for transparency and accountability. An innocent President would have no reason to refuse testing,” the petition read.

Budget mess

The petition also blames Marcos for the flood control fiasco and overall national budget mess.

It said Marcos failed to veto unprogrammed appropriations in the national budget, which have been a magnet for corruption due to the lack of transparency on how these funds were disbursed.

The complaint also relied on statements made by former congressman Zaldy Co and Co’s former security aide, Orly Guteza, implicating Marcos and his close allies to the alleged public works kickback scheme.

“Respondent orchestrated the insertion of massive amounts into the General Appropriations Act to create a pool of funds for kickbacks – a scheme publicly exposed and widely discussed, leaving no room for denial,” the document read.

The complaint also alleged that the Independent Commission for Infrastructure (ICI) was just created to shield allies.

Incidentally, the ICI and the Department of Public Works and Highways (DPWH) included Nisay’s name in the list of lawmakers it submitted to the Ombudsman for the filing of plunder and graft cases.

Nisay owns JVN Construction and Trading, a public works contractor that has bagged at least P73 million in contracts in 2021 and 2022, before he was elected to Congress. – Rappler.com