Gathering for Duterte birthday a constitutional right, but has limitations – Palace
(ICC-CPI)
MANILA, Philippines —While recognizing the constitutional rights of supporters gathering for former President Rodrigo Duterte’s 80th birthday this Friday, a Palace official said that such rights have limitations.
Palace Press Officer Claire Castro said that the Palace is not preventing Duterte’s supporters from staging a birthday bash.
“Ito po ay Constitutional right ng bawat Pilipino at huwag lamang po silang lalagpas at maituturing na ang kanilang mga ginagawa ay labag na po sa batas,” Castro said in a Friday briefing.
(It is a Constitutional right of every Filipino and they should not exceed what is considered as a violation of the law.)
READ: Family, supporters rally as Duterte marks 80th birthday in ICC jail
When asked if she has any reminders for the supporters for holding gatherings, Castro said that they should know their limitations.
“Kapag sumigaw na ibagsak ang gobyerno, isa iyan. Kapag nagpatuloy ng pananalita, para to sow fear, i-promote pa iyong hatred sa government, bordering the line of inciting to sedition. Dapat alam po nila iyan,” Castro added.
(If they shout and call to overthrow the government, that’s one. If they continue to sow fear, promote hatred of the government, bordering the line of inciting to sedition. They should know that.)
Article 142 of the Revised Penal Code states that a penalty of prison correccional, or maximum period, and a fine not exceeding of P400,000 “shall be imposed upon any person who, without taking any direct part in the crime of sedition, should incite others to the accomplishment of any of the acts which constitute sedition.”
It added that such activities include “by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end, or upon any person or persons who shall utter seditious words or speeches, write, publish, or circulate scurrilous libels against the government.”
Castro also said that Duterte’s supporters and critics conducting different activities for his birth anniversary should not be seen as “divisive” as it is a form of freedom of expression.
READ: Duterte ICC arrest: Palace refutes Senate panel’s claim of gov’t lapses
Duterte is spending his birth anniversary in detention in The Hague, Netherlands after the International Criminal Court (ICC) ordered his arrest for crimes against humanity allegedly committed during his administration’s war on drugs.
Based on government data, the war on drugs claimed around 6,000 lives, but data from human rights groups said that real numbers reached more than 20,000.
Duterte appeared before the ICC Pre-Chamber Trial I last March 14 for the first time where the judges verified his identity, informed him of the charges filed against him, and enumerated his rights.
His hearing on confirmation of charges is set on September 23, 2025.
