THE YOUNGEST child of former Philippine President Rodrigo R. Duterte maintained her petition seeking the release of her father remains valid despite his current custody under the International Criminal Court (ICC).
In a 34-page comment filed on March 24 before the Supreme Court (SC), Veronica A. Duterte argued that the government’s claim — that it can no longer produce the Mr. Duterte’s body because he is already in the Netherlands — is not moot.
“Petitioner hereby reiterates that the respondents should not be allowed to escape the extraordinary writ of habeas corpus by simply claiming that [Mr. Duterte] is no longer in their custody,” it added.
“The fact that the former President is under ICC custody does not render the consolidated petitions moot. Indeed, he is still illegally detained on the basis of a warrant of arrest issued by a court with no jurisdiction,” it read.
Ms. Duterte also argued against the mootness of the petition, maintaining that her father was “illegally detained” having been served a warrant of arrest issued by a court with no jurisdiction.
She asserted the ICC failed to timely exercise its jurisdiction after it authorized prosecutors to begin investigation in 2021, long after the Philippines’ withdrawal took effect in 2019.
In a separate comment, Davao City Mayor Sebastian Z. Duterte likewise said the warrant is “void and unenforceable,” citing that the Constitution provided that no person could be arrested or detained without a warrant issued by a Philippine court.
For the same reason, Davao City Rep. Paolo Z. Duterte said in a separate comment that the arrest violated Philippine sovereignty.
The three Duterte siblings also said that the arrest was in violation of former President Duterte’s constitutional right against unlawful seizures, claiming it did not undergo due process.
OSG’S RECUSALMs. Duterte also noted the Office of the Solicitor General’s (OSG) decision to recuse itself from the case, calling it “unsurprising.”
The OSG, under Solicitor-General Menardo I. Guevarra’s leadership, recused itself as it “may not be able to effectively represent respondents in these cases” due to its firm stance that the international tribunal has no jurisdiction over the Philippines.
“The Philippine Government has no legal obligation to cooperate with the ICC nor recognize any process emanating from the ICC following the effectivity of the country’s withdrawal from the Rome Statute,” Mr. Guevarra, who was Mr. Duterte’s Justice Secretary, wrote in his recusal on March 17.
“The OSG’s recusal is therefore [a] clear indication that Mr. Duterte’s abduction and transfer to The Hague pursuant to the ICC warrant of arrest is illegal and indefensible,” the youngest Duterte added.
The Department of Justice (DoJ) is now representing the Philippine government in the petitions.
Among the respondents cited by the three Duterte siblings — Veronica, Paolo, and Sebastian — were Executive Secretary Lucas P. Bersamin, Justice Secretary Jesus Crispin C. Remulla, and Philippine National Police Chief Police General Rommel D. Marbil.
Ms. Duterte noted that while the territorial limitations of the writ of habeas corpus may restrict the SC’s jurisdiction over the ICC, the respondents remain within its authority.
The High Court can, therefore, compel the respondents to seek Mr. Duterte’s return from the ICC, Ms. Duterte’s comment read.
Former President Duterte, who served from 2016 to 2022, was arrested on March 11 in Manila, marking the biggest step yet in the ICC’s probe of his alleged crimes against humanity in connection with his anti-illegal drug crackdown that killed thousands and drew condemnation around the world.
The Hague-based tribunal has been investigating the firebrand leader for crimes he allegedly committed when he was Davao City mayor and during the first three years of his government when the Philippines was still a party to the international tribunal.
In an ambush interview also on Tuesday, DoJ chief Jesus Crispin C. Remulla declined to comment on Ms. Duterte’s traverse, saying the matter is already pending before the SC.
“We’ll just answer. We’ll file a pleading,” he said. “I think that we were able to give the legal basis for everything that happened on March 11. I stand by everything that we did.”
Meanwhile, Palace Press Officer and Presidential Communications Undersecretary Clarissa A. Castro said on the same day that President Ferdinand R. Marcos, Jr. has not yet discussed any plans of rejoining the ICC.
“The last time we spoke with the President, we asked him about it personally, and he just smiled and said that there hasn’t been any discussion about it yet,” she said in Filipino.
“When it comes to the alleged incoming freeze order to be issued by the ICC, there is no commitment on our part, on the part of the administration, if we will comply with any order issued by the ICC considering that the ICC as of the moment has no jurisdiction over the Philippines,” she added.
The 79-year-old former president’s hearing for the confirmation of charges is scheduled for Sept. 23, following his initial appearance before the ICC in The Hague on March 14. — Chloe Mari A. Hufana
