DOJ asks Supreme Court: Deny Duterte kids' petition
MANILA, Philippines — The Department of Justice (DOJ) asked the Supreme Court to deny the habeas corpus petition filed by former President Rodrigo Duterte's children, arguing that the petitions are already "moot."
The government's response, filed by Justice Undersecretary Nicholas Ty, follows the recusal of the Office of the Solicitor General from representing the government respondents in the consolidated petition.
The DOJ argued that the petitions are moot, as the government-respondents no longer have physical custody of former President Rodrigo Duterte.
"It is indubitable that, at the time the instant Petitions were filed, FPRRD was no longer in the custody of Philippine authorities and was on his way to The Hague, Netherlands, where he was ultimately detained at the ICC (International Criminal Court) Detention facility. This was subsequently confirmed by the ICC through the issuance of a Transfer of Custody," DOJ's response read.
The DOJ also said that the cooperation extended by the government to the International Criminal Police Organization (Interpol) is outside the scope of judicial review and is considered a "political question."
"The political question being a function of the separation of powers, the courts will not normally interfere with the workings of another co-equal branch unless the case shows a clear need for the courts to step in to uphold the law and the Constitution," the DOJ said.
Additionally, the Justice department pointed out that the government is merely complying with its international obligations by extending its assistance to Interpol.
"Thus, in extending assistance to the INTERPOL, the GRP, led by the President, is merely complying with its international obligations and performing his role as the chief architect of the country's foreign policy," the DOJ said.
"This, naturally, is well within the President's discretion to do so, and the exercise thereof is patently a political question, which is beyond the review power of the courts," it added.
The DOJ filed its response on behalf of the government after the OSG stepped down from representing them in the consolidated petitions on March 17. This was because the OSG believes the ICC has no jurisdiction over the Philippines.
The Supreme Court has ordered Duterte's children — Veronica, Sebastian, and Paolo — to respond to the DOJ's comment. The petitions were filed after their father’s arrest on March 11 upon his return from Hong Kong.
In their petition, Duterte's children challenged the legality of their father's arrest through a habeas corpus plea.
The former president was formally charged on March 14 for "alleged criminal responsibility" in connection with crimes against humanity (murder), related to extrajudicial killings during his administration.
The charges cover incidents between Nov. 1, 2011, and March 16, 2019.
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