Rep. Pulong Duterte files SC petition seeking father’s return
FILE PHOTO: Davao City 1st District Rep. Paolo Duterte | PHOTO: Official Facebook page of City Government of Davao
MANILA, Philippines — Davao City 1st District Rep. Paolo “Pulong” Duterte, former President Rodrigo Duterte’s eldest son, has filed a petition before the Supreme Court (SC) seeking the return of his father after being arrested under a warrant issued by the International Criminal Court (ICC).
Based on a copy obtained from the SC, Rep. Duterte filed his petition for habeas corpus, certiorari, and prohibition on Wednesday afternoon.
It is the third filed among the children of the former president, after Davao City Mayor Sebastian Duterte and Veronica Duterte filed their petitions on Wednesday morning.
Like his siblings’ petition, Rep. Duterte’s 53-page petition sought the release of his father through a writ of habeas corpus, anchored on the argument that the country is no longer a party of the Rome Statute, making the former president’s arrest a “blatant violation of the sovereignty of the Philippines and hence, unconstitutional.”
“Allowing the ICC to enforce its warrant of arrest in the Philippines violates not only the Constitution but also the rights of [former President Rodrigo Duterte],” the petition read.
The writ of habeas corpus is an order issued by a court directed to persons detaining an individual and commands them to produce the physical body of a person whose liberty is restrained and explain sufficient cause of detention.
The petition also asked the SC to issue a temporary restraining order against several top government officials listed as respondents to the case, particularly, Executive Secretary Lucas Bersamin, Interior Secretary Jonvic Remulla and Philippine National Police chief Gen. Rommel Marbil to prohibit them from cooperating with both the ICC and the International Criminal Police Organization or Interpol.
Rep. Duterte accused the respondents of committing grave abuse of discretion “amounting to lack or excess of jurisdiction when they cooperated in the enforcement of the warrant of arrest” against the former president.
The petition was filed a day after the former president was flown to The Hague, Netherlands, where the ICC is headquartered.
Former President Duterte was arrested for alleged crimes against humanity during his administration’s drug war, which left at least 6,000 people dead.
