Pulong Duterte files fourth petition challenging father's arrest

MANILA, Philippines — Another petition has been filed challenging the legality of former President Rodrigo Duterte’s arrest by the International Criminal Court (ICC).

Davao City 1st District Rep. Paolo "Pulong" Duterte filed a petition for habeas corpus, certiorari and prohibition, with a prayer for a temporary restraining order (TRO).

"The issuance of the warrant of arrest against FPRRD (former President Rodrigo Roa Duterte), and the concomitant cooperation by the Respondents with respect to the enforcement thereof, are unconstitutional and illegal," Paolo said in his petition.

He also asked for his father’s release from detention, arguing that the ICC has no jurisdiction over the Philippines since the country withdrew from the Rome Statute in 2019.

Through the issuance of a TRO, Paolo is requesting the Supreme Court to prevent the government from cooperating with the ICC and Interpol.

"After giving due course to the petition, annul the acts of respondents affirming cooperation with the ICC and Interpol, and make permanent the prohibition to cooperate with the same," he added.

The petition was filed on Wednesday, March 12, through lawyer Harry Roque.

On Thursday evening, March 13, the Supreme Court ordered government officials named in the petitions to respond within a non-extendible 24-hour period explaining why a writ of habeas corpus should not be issued to bring Duterte back to the Philippines.

The high court also consolidated Paolo Duterte’s petition with those filed earlier by his siblings, Sebastian "Baste" and Veronica "Kitty" Duterte.

As of Thursday morning, March 14, Duterte remains in ICC custody in The Hague after his arrest at Ninoy Aquino International Airport on March 11.

The ICC’s pre-trial chamber has cited “reasonable grounds” to believe that Duterte is “individually responsible as an indirect co-perpetrator” for crimes against humanity (murder) in connection with extrajudicial killings under his administration.

The charges cover incidents allegedly committed in the Philippines between Nov. 1, 2011, and March 16, 2019.