19/05/2026
I agree with former Supreme Court Senior Associate Justice Tony Carpio.
I also subscribe more to a “living Constitution” approach rather than a rigidly frozen reading of constitutional text.
Tutukan natin ang Article III, Section 2 of the Constitution:
> “No warrant shall issue except upon probable cause to be determined personally by the judge…”
May warrant ba?
There are two ways of looking at it.
1. The strict textualist view — likely the line of Duterte and Bato’s lawyers:
(a) “Judge” means a judge of Philippine courts exercising judicial power under Article VIII of the Constitution; and
(b) therefore, an ICC judge falls outside the Philippine constitutional framework.
2. But here is my counterargument, substantially aligned with Justice Carpio’s thinking and a living-Constitution approach:
(a) The Constitution does not expressly say “Philippine judge.”
(b) The constitutional evil sought to be avoided is arbitrary arrest by executive officers.
(c) An ICC warrant is likewise issued by an independent judicial officer after personal evaluation of evidence and probable cause.
(d) Under Article II, Section 2, generally accepted principles of international law form part of the law of the land.
Crimes against humanity are erga omnes offenses—wrongs against humanity itself. They implicate obligations owed not only to one state, but to all humankind.
Section 17 of RA 9851 itself recognizes cooperation with “international tribunals.” Filipinos have even served as judges of the ICC.
Under a living-Constitution approach, constitutional language is read not as trapped in 1987, but as capable of responding to evolving legal realities, institutions, and international obligations—while still protecting fundamental liberties.
The Constitution is not a museum piece preserved in formaldehyde. It is a charter meant to govern a living society in an interconnected world.
Atty. Sonny Matula, FFW President
Former SC Senior Associate Justice Antonio Carpio explains the concept of "universal jurisdiction" over crimes against humanity, dismissing claims that a local warrant is needed first.