The Senate approved a resolution urging the International Criminal Court to grant former President Rodrigo Duterte house arrest for humanitarian considerations.

Voting 15-3-2, the resolutions authored by Senate Majority Leader Miguel Zubiri and Senate Minority Leader Alan Peter Cayetano, urges the ICC to designate a doctor to examine Duterte “and ascertain that he is fit to withstand regular detention.

Senators said that if designated doctor finds that Duterte’s continued detention “will further worsen his medical condition, the ICC is urged to allow the former president to be detained under house arrest.”

They said that the house arrest or similar arrangement would be subject to conditions set by the ICC, where Duterte faces a crimes against humanity case over his administration’s brutal anti-drug campaign, would “[present] no risk to the integrity of the ongoing trial.”

The resolution cites Article 10 (1) of the International Covenant on Civil and Political Rights, which provides all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.

It also cites the Rules of Procedure and Evidence of the ICC which allows persons being tried interim release, subject to conditions restricting liberty.

Among the conditions staying at a particular address, not contacting directly or indirectly victims or witnesses, and responding when summoned by an authority or qualified person designated by the ICC.

Duterte’s legal team is already seeking his temporary release.

The senators who voted for the resolution were:

• Majority Leader Zubiri (Sponsor)

• Minority Leader Cayetano (Sponsor)

• Ronald dela Rosa (Sponsor)

• JV Ejercito (Sponsor)

• Jinggoy Estrada (Sponsor)

• Sherwin Gatchalian

• Bong Go (Sponsor)

•  Panfilo Lacson

• Loren Legarda

• Rodante Marcoleta (Sponsor)

• Imee Marcos (Sponsor)

• Robin Padilla (Sponsor)

• Erwin Tulfo

• Joel Villanueva (Sponsor)

• Mark Villar

The following opposed the resolution:

• Bam Aquino

• Kiko Pangilinan

• Risa Hontiveros

Senate President Vicente Sotto III, as presiding officer, abstained. Sen. Raffy Tulfo also abstained.

Sens. Camille Villar, Pia Cayetano, Lito Lapid and Francis Escudero were absent during voting. Zubiri, however, announced that Escudero is in favor of the resolution

Lawyer Kristina Conti, who represents some of the relatives of victims of Duterte’s drug war, said on Facebook that the Senate is not part of the ICC process and its resolution could end up as “mere political noise” for the court.

She added that at least one of the senators supporting the resolution is part of ICC Office of the Prosecutor’s investigation into alleged crimes against humanity, making the resolution “patently self-serving.”

Conti said the court could see the Senate resolution as a “political intrusion and a form of undermining of its independence” or proof that Duterte still has significant influence in the Philippines.

“Duterte family members are in positions in Davao, which is why he cannot simply go home there,” she said.

“The Senate support clearly shows their influence is nationwide, which is why his return to the country will be continued to be opposed by the victims and the prosecution, and will be highly unlikely.”