MALACAÑANG on Thursday said the Philippine government would not cooperate with the International Criminal Court (ICC) if it would order the interim release of former president Rodrigo Duterte.

In a press briefing, Palace Press Officer Claire Castro noted that the family of the former president has gone to the Supreme Court to stop the government from cooperating with the ICC.

Noncooperation, she said, would extend to any decision by the ICC to grant Duterte interim release from Scheveningen Prison in The Hague, where the former president is facing trial for crimes against humanity in connection with his bloody war on drugs.

"Though it's hypothetical, but as we speak now, we do not recognize the jurisdiction of the ICC over the Philippines," Castro said.

Castro also said that all issues, including a possible freeze order on Duterte's assets, would be raised if the Philippines chose to cooperate with the ICC on the interim release of the former president.

"Will the Duterte family agree that we will cooperate with the ICC so that their assets, including those that are hidden or not, will be exposed?" she added.

On Thursday, Sen. Imee Marcos, who led a Senate probe into Duterte's arrest, said the government was not legally required to arrest the former president, as no official Red Notice had been issued for him.

Instead, the Philippine National Police (PNP) acted based on a diffusion notice, which did not conform to international protocols, the senator said, raising concerns that the arrest was illegal.

Senator Marcos took issue with Justice Secretary Crispin Remulla's statement that individuals remain subject to international humanitarian law, even though the Philippines is no longer under ICC jurisdiction, noting that the charges against Duterte did not involve war crimes.

The investigation further indicated that the government actively aided the ICC in arresting Duterte. The diffusion notice was issued on the day of the arrest, while plans for the operation had been in motion since the previous day. National security officials closely monitored Duterte's movements, and the Armed Forces supported the PNP, she said.

The senator said the hearing uncovered violations of Duterte's rights. Key aspects of due process were bypassed during his arrest, with no warrant obtained from a court.

Furthermore, his family's rights were compromised when his daughter, Vice President Sara Duterte, was denied access to him at Villamor Air Base, and his choice of legal representation was ignored.

The report emphasized that many Filipinos, including Duterte, were deprived of their rights to a fair trial and were seeking bail under the ICC's Rome Statute. Senator Marcos said these findings reflected the testimonies of government agency representatives involved in the arrest.

Senator Marcos suggested that her brother, President Ferdinand Marcos Jr., became upset when she continued investigating former Duterte's arrest.

She said the President seems to disrespect the hearings conducted by the Senate Committee on Foreign Relations, which she chairs. This is evident in the inconsistent and unsatisfactory testimonies provided by the agencies summoned as resource persons, most of whom are government officials.

The senator expressed her surprise at her brother's reaction, noting that his frustration arose from the agencies' responses, which reflected poorly on the government.

The Palace dismissed Senator Marcos' initial findings as being just her opinion.

"That would be her opinion since she talked with Duterte supporters. But, if she will also look at the views of other experts like [retired] Justice [Antonio] Carpio, attorney [Joel] Butuyan and others who were discussing RA (Republic Act) 9851, she will have a different view on the issue," Castro said.

"I also hope that she would look into RA 9851, this states that we have the prerogative, but we also have the commitment with Interpol (International Criminal Police Organization). The government is just following RA 9851," she added.