Digong

The Law Does Not Kneel Before Power

By: Coach Noel | HaveFunKeepFit Editorial

Let’s be clear: this is not about personalities. This is about principles — specifically, the principle that the law, no matter who you are, does not kneel before power.

I’ve seen the viral videos, the debates, the “pa-deep” legal takes. Some sound smart — until you actually check the facts. So let’s unpack this for ordinary Filipinos who deserve clarity, not noise.

1. Jurisdiction 101: Who Has the Right to Judge?

The issue with the International Criminal Court (ICC) and former President Rodrigo Duterte isn’t about guilt or innocence — it’s about jurisdiction.

Before the ICC can even lift a finger, it must prove it has authority over the Philippines. And that’s where things fall apart for them.

The Philippines withdrew from the ICC on March 17, 2019.

Under Article 127 of the Rome Statute, a country that withdraws remains bound for only one year after the withdrawal notice.

Simple math: one year after March 17, 2019 — that’s March 17, 2020.

Yet the ICC Prosecutor filed to investigate Duterte on May 24, 2021, and the ICC Pre-Trial Chamber approved it on September 15, 2021 — long after we were officially out.

In law, that’s what you call beyond jurisdiction. In street terms? Wala na silang karapatan.

2. Burundi vs. Philippines: Apples and Mangga

The ICC points to its Burundi case as precedent — but that’s misleading.

Burundi’s investigation began before withdrawal took effect, so jurisdiction remained valid for one year.

In the Philippine case, the ICC came knocking two years too late.

Even ICC Judges de Brichambaut and Lordkipanidze agreed — jurisdiction must be triggered before withdrawal becomes final, or the Court has no power.

If the courtroom doesn’t exist anymore, saan mo ipapadala ang subpoena?

3. VP Sara’s Statement: Not Defiance, But Duty

Critics claim that Vice President Inday Sara Duterte’s rejection of ICC jurisdiction shows “defiance.”

On the contrary, she was doing her job — defending the rule of law and national sovereignty.

You cannot defy a court that has no authority over you.

That’s not defiance — that’s legal literacy.

4. The Real Question: Law or Politics?

So why did the ICC cite VP Sara’s comments to deny interim release for PRRD?

Because this is no longer about law — it’s about politics dressed as justice.

And let’s be honest: if the ICC can bend its own rules just to target one man, then who’s really undermining justice here?

5. To My Fellow Filipinos: Think Before You Clap

Not every lawyer speaks the truth. Some speak for clicks, clout, or clients.

Being a lawyer does not make one infallible — case in point: Claire Castro and Leni Robredo.

You don’t need a law degree to understand fairness, logic, or sovereignty.

You just need common sense and a love for truth.

Bottom Line:

Before we let politics cloud our judgment, remember — jurisdiction first, judgment second.

No court can try a case it no longer has the power to hear.

And no Filipino should let foreign institutions decide what justice means for us.

Because in the end — the law does not kneel before power, whether local or international.

#TatayDigong #RuleOfLaw #ICC #PhilippineSovereignty #LegalTruth