Gov’t seeks rejection of Dutertes’ habeas corpus petitions

Former President Rodrigo Duterte (SCREEN GRAB FROM ICC)

MANILA, Philippines — The government has asked the Supreme Court (SC) to reject the consolidated habeas corpus petitions for former President Rodrigo Duterte, citing lack of merit and being moot.

Based on the pleading submitted by Department of Justice Officer-in-Charge Usec. Nicholas Ty to the SC, the government argued that a writ of habeas corpus may no longer be issued as it has become moot and devoid of merit “by virtue of his transfer to the International Criminal Court (ICC) detention facility.”

The government noted that by the time the petitions were filed, Duterte was no longer in the custody of Philippine authorities and was already on his way to The Hague, Netherlands.

It also argued that a writ of habeas corpus is enforceable only within the Philippines.

“Clearly, therefore, since the relief prayed for could no longer be granted, the Consolidated Petitions are already moot and academic, warranting their outright dismissal by the Honorable Court,” the pleading read.

“…Accordingly, even if not rendered moot by subsequent events, the instant Petitions would also fail considering that there was no unlawful restraint, illegal confinement or imprisonment without sufficient legal basis, of [Duterte], as the implementation of the ICC Warrant was in line with Section 17 of RA 9851,” it added.

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.

Meanwhile, the government also argued that it was merely complying with its international obligations in assisting the International Criminal Police Organization in arresting Duterte.

“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 pleading was made in response to the consolidated petitions for habeas corpus filed by the former president’s children – Davao City Mayor Sebastian Duterte, Veronica “Kitty” Duterte, and Davao City Rep. Paolo “Pulong” Duterte.

The ICC currently has custody of former President Duterte after he was arrested and sent to The Hague for crimes against humanity he allegedly committed during his administration’s bloody war against drugs which left at least 6,000 people dead.

READ: Dutertes asked to respond to gov’t comments on habeas corpus petition