An International Criminal Court-accredited lawyer said on Sunday that the process on how former President Rodrigo Duterte was arrested "will not affect his criminal proceedings" in the International Criminal Court (ICC).

In a radio interview on Sunday, Gilbert Andres said that ICC did not consider "political ramifications as the ICC serves as a court and not a political body".

"There is a doctrine in the International Criminal Court, mala captus bene detentus, the process of the arrest won't affect the legality of a criminal proceedings of an international court", said Andres, who is counsel of the war on drugs victims.

"It is because the case is international crime and it is rightful that the accused should be in court as the International Criminal Court doesn't want to have a trial in absentia", he added.

Andres said the arrest of Duterte was based on the Section 17 of Republic Act (RA) 9851.

Section 17 of Republic Act (RA) 9851 indicates that "In the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under this Act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime. Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court, if any , or to another State pursuant to the applicable extradition laws and treaties". Marie Manalili/DMS