MANILA, Philippines — The Supreme Court yesterday gave the government 24 hours from receipt of notice to show cause why the SC should not issue a peremptory writ of habeas corpus on the petitions seeking the return of former president Rodrigo Duterte.
The SC also unanimously resolved to consolidate the three petitions filed by Duterte’s children – Davao City Mayor Sebastian, Davao First District Rep. Paolo and Veronica.
In a one-page statement, the SC directed “respondents in the consolidated petitions to show cause within a non-extendible period of 24 hours from receipt of notice why the peremptory writ of habeas corpus should not (be) issue(d).”
Named respondents in the three consolidated petitions are Executive Secretary Lucas Bersamin, Justice Secretary Jesus Crispin Remulla, Department of the Interior and Local Government Secretary Juan Victor Remulla Jr., Philippine National Police chief Gen. Rommel Marbil, PNP-Criminal
Investigation and Detection Group chief Maj. Gen. Nicolas Torre III, Solicitor General Menardo Guevarra, Foreign Affairs Secretary Enrique Manalo, Armed Forces of the Philippines chief Gen. Romeo Brawner Jr., former Immigration commissioner Norman Tansingco, Philippine Center for Transnational Crime executive director Lt. Antonio Alcantara and Capt. Johnny Gulla.
According to the SC, the petition challenges the actions of Bersamin, DILG Secretary Remulla and Marbil in enforcing the International Criminal Court (ICC) warrant against Duterte.
The petitions seek to nullify these actions and prohibit further cooperation with the ICC.
It also prayed for a writ of habeas corpus to secure the release of the former president from confinement and detention.
MR on SC decision
Although the former president is already under ICC custody, his lawyers will appeal the Supreme Court’s decision not to issue a temporary restraining order (TRO) on his arrest.
In an interview with ANC, Raul Lambino said he and other Duterte legal counsels agreed yesterday to file a motion for reconsideration on the SC decision.
“I talked to attorney Israelito Torreon who is the lead counsel for this case, he informed me last night in our meeting that he will file immediately a motion for reconsideration because we believe that there is a violation of due process and the right of former president Duterte, guaranteed under the provision of Article 3 Section 2 in regard to the warrant of arrest,” Lambino said.
He said the decision of the SC was only on the motion of the Duterte camp for the issuance of a preliminary injunction.
“The resolution did not say that it is moot and academic because the former president Rodrigo Duterte has been flown out of the country,” he said.
On Wednesday, the SC said it did not find any basis to grant the request of petitioners Duterte and Sen. Ronald dela Rosa for the immediate issuance of a TRO on the former president’s arrest.
“Even assuming so that the Rome Statute still applies in the Philippines pursuant to the language of the warrant of arrest that allegedly was served against former president Duterte, the order of the pre-trial chamber should be subject to the judicial review pursuant to the Article 59 of the Rome Statute,” Lambino explained.
This means a “person who is arrested, or being secured, has the right to go to the court of the custodial state,” he pointed out.
“In other words, in the state where he was arrested and it is in the Philippines, president Duterte was deprived of that right, the right to counsel because former justice secretary Silvestre Bello was not allowed to enter and even Vice President (Sara) Duterte when she arrived and the former president said ‘my daughter is my lawyer, she is my counsel.’ She was not allowed to enter so there were a series of violations committed by the police,” Lambino maintained.
He argued that Duterte was subjected to political persecution.
“It is stated in our Constitution that no person shall be deprived of life, liberty and property without due process of law… substantive due process was violated because we believe the Rome Statute was no longer applicable for us, all Filipinos are concerned effective 2019,” he said.