Duterte children file petition before SC: ‘Bring back our father’

CEBU, Philippines — Two children of former President Rodrigo Duterte yesterday morning filed separate petitions before the Supreme Court (SC) requesting the government to bring back their father from The Hague, Netherlands.

Davao City Mayor Sebastian “Baste” Duterte and his half-sister Veronica “Kitty” Duterte both went to the SC yesterday morning and filed separate petitions for habeas corpus.

Both Sebastian and Veronica named Executive Secretary Lucas Bersamin, Department of Justice (DOJ) Secretary Jesus Crispin Remulla, Philippine National Police (PNP) chief General Rommel Francisco Marbil, and PNP-Criminal Investigation and Detection Group (CIDG) chief Major General Nicolas Torre III as respondents.

Sebastian also included as respondents Department of the Interior and Local Government (DILG) Secretary Jonvic Remulla, Solicitor General Menardo Guevarra, Department of Foreign Affairs (DFA) Secretary Enrique Manalo, Armed Forces of the Philippines (AFP) chief of staff General Romeo Brawner, former Bureau of Immigration (BI) Commissioner Norman Tansingco, Philippine Center for Transnational Crime (PCTC) executive director Undersecretary Lieutenant General Antonio Alcantara, and Captain Johnny Gulla.

The current BI Commissioner is Joel Anthony Viado.

Sebastian, through his counsel Marie Dinah Tolentino-Fuentes, filed a 32-page Urgent Petition for Habeas Corpus.

“The petitioner humbly submits that his father was arrested and is illegally detained pursuant to a purported warrant of arrest (WOA) issued by the International Criminal Court (ICC). His father was denied his constitutional rights by surprising him with an arrest upon arrival from his trip to Hong Kong without giving him due notice to defend himself by filing any comment or counter-arguments prior to the issuance of the warrant of arrest,” Sebastian said in the petition.

“Further, petitioner’s father needs urgent medical attention, which has been denied by the respondents despite the request for it. No doctors were allowed access to him. He was also denied access to his other lawyers, which caused a delay in the filing of a Petition for Certiorari and Prohibition,” he added.

His camp argued that the WOA was issued by an entity that has no jurisdiction within the Philippines since the country had already withdrawn from the Rome Statute, effective March 17, 2019.

The Rome Statute established the International Criminal Court.

Cases against Duterte can be pursued before a regional trial court. There are already existing laws in the country, such as Republic Act 9851, also known as the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity.

RA 9851 asserts the country’s sovereignty and its ability to prosecute such crimes domestically. It ensures that the Philippine legal system remains the primary venue for addressing such crimes, reinforcing the country’s sovereignty and judicial capacity.

It was also pointed out in the petition that there was no proper and adequate service of summons to former President Duterte. He was not provided with an official and sealed physical copy of the arrest warrant. He was only shown a photograph of an alleged warrant on a phone screen.

Duterte was also allegedly subjected to “inhumane treatment.”

On March 11, the day he was arrested, he reportedly had a scheduled medical check-up. His doctor even went to his place of detention but was denied access. His relatives were also refused visitation rights.

These reportedly violated domestic and international legal standards.

“In light of these egregious violations of national sovereignty, constitutional rights, and due process, this petition urgently prays for the immediate and unconditional release of former President Rodrigo Roa Duterte from unlawful detention.”

It also requests a categorical prohibition against any attempt to transfer him to the ICC.

“This petition is a solemn assertion of the right to self-governance of the Republic of the Philippines and the inviolability of our legal system.”

Meanwhile, Veronica, through her lawyers Salvador Panelo and his son Salvador Paolo Panelo Jr., also submitted a 15-page Petition for Habeas Corpus on behalf of her father.

She asked the SC to order the government to “produce the body of Rodrigo R. Duterte before the Honorable Court immediately.”

They also asked the High Court to order the respondents to appear before them and show cause for the imprisonment or restraint.

Duterte “is currently detained and restrained of his liberty on an airplane bound for The Hague. These facts are admitted by the Philippine government, as shown in the attached PCO (Presidential Communications Office) Statement and the press conference of President Marcos. The airplane appears to remain under the control of the Philippine government.”

Meanwhile, a Palace official said the filing of the writ of habeas corpus before the Supreme Court may be moot and academic.

“Only the Supreme Court can say that. But normally, when the person is already in another country and has been brought there, the issue becomes moot and academic,” Presidential Communications Office Undersecretary Claire Castro said at a press briefing at Malacañang when asked whether the habeas corpus petition has a bearing on Duterte’s case.

“But that still depends on the Supreme Court. We cannot preempt what the Supreme Court’s decision will be,” she said.

Even Duterte’s legal counsel, former labor secretary Silvestre Bello III, said the appeal for a writ of habeas corpus may no longer be “workable.”

In a television interview, Bello said what went with the petition for a writ of habeas corpus was a prayer for a temporary restraining order to block moves to arrest Duterte.

Castro was also asked about possible double jeopardy in Duterte’s case.

“If the cases that will be heard before the Philippine courts are different from the cases being heard before the ICC, there would be no double jeopardy,” Castro said.

No political persecution

President Ferdinand Marcos has stressed that the arrest of former President Duterte was neither political persecution nor a violation of Philippine sovereignty and was done in compliance with the country’s commitments with the International Criminal Police Organization (Interpol).

In a late-night press conference at Malacañang, Marcos said the Philippines could not refuse the request of Interpol to turn over Duterte because the organization has been helping the government track down fugitives hiding in other countries.

“Interpol asked for help, and we complied because we have commitments to Interpol that we have to fulfill. If we don’t do that, they will not help us with other cases involving Filipino fugitives. This is what the international community expects of us,” the President said.

“It is a request to the Philippine government to enforce the arrest warrant. And of course, we comply with our commitment. We did not do this because it was derived from or came from the ICC. We did this because Interpol asked us to do it,” he added.

Duterte withdrew the Philippines from the Rome Statute, the treaty that established the ICC, when he was still president in 2019.

During media interviews early last year, Marcos said the Philippines would not cooperate with the ICC on its probe into Duterte’s drug war, saying the tribunal has no jurisdiction over the country. He had also described the ICC’s investigation as a “threat” to Philippine sovereignty.

In November, Executive Secretary Lucas Bersamin said the Philippines would consider cooperating with Interpol if the ICC sought the intervention of the global police organization.

Marcos further disputed claims that his predecessor’s arrest was unlawful.

“We followed every single necessary procedure… It is proper and correct,” the Chief Executive said.

Regarding allegations that the arrest was political persecution, Marcos said the crimes against humanity complaints against Duterte were filed before he became president.

“It was filed in 2017. I was still a civilian then,” he added.

Marcos also refuted the claim that turning over Duterte was a violation of Philippine sovereignty, saying the government did not cooperate with the ICC but had to help Interpol. He added that the Philippines was consistent and did not grant the requests made by the international court in relation to its drug war probe.

Asked to react to calls by some Duterte supporters for a “people power” uprising, Marcos said the government was just performing its duty.

“The government is just doing its job… We follow the law… Politics does not enter into it,” he added.

Palace on VP Sara's “kidnapping” comment

Presidential Communications Office Undersecretary Claire Castro on Wednesday slammed Vice President Sara Duterte’s “state kidnapping” remark regarding the government’s assistance to Interpol in arresting her father.

Castro said the elder Duterte’s arrest was covered by a “valid” warrant of arrest issued by the ICC and coursed through Interpol.

The Vice President flew to the Netherlands on Wednesday to help her father.

The Office of the President issued a travel authority for Duterte, valid from March 11 to April 30, also covering Germany, France, and Belgium. — Evelyn Macairan /ATO (FREEMAN)