DOJ to SC: Duterte kin’s habeas petitions moot
Inquirer file photo/Niño Jesus Orbeta
MANILA, Philippines — The petitions for a writ of habeas corpus filed by the children of former President Rodrigo Duterte have no merit and are now moot because their father has been turned over to the International Criminal Court (ICC) to face charges of crimes against humanity for his bloody drug war.
This was the reply of the Department of Justice (DOJ) on behalf of the government officials named respondents in the petitions, namely Executive Secretary Lucas Bersamin, Justice Secretary Jesus Crispin Remulla, Philippine National Police chief Gen. Rommel Marbil, and Criminal Investigation and Detection Group director Maj. Gen. Nicolas Torre III.
The DOJ took over the role of state lawyer after the Office of the Solicitor General (OSG) on Monday recused itself from the case.
READ: SolGen wants no part in Duterte petitions in SC
Duterte was flown to the ICC headquarters in The Hague last week after the government helped Interpol serve the arrest warrant on Duterte upon his arrival at Ninoy Aquino International Airport from Hong Kong.
A day after their father was turned over to the ICC, Duterte’s children asked the Supreme Court to compel the government to bring him back from The Hague.
The high court issued a show-cause order on March 13 directing the government to explain why the petitions for a writ of habeas corpus separately filed by Veronica Duterte (G.R. No. 278768), Davao City Mayor Sebastian Duterte (G.R. No. 278763), and Davao City Rep. Paolo Duterte (G.R. No. 278798) should not be granted.
Lack of jurisdiction
The DOJ argued that since the former president is now in the custody of the ICC in the Netherlands and no longer within Philippine jurisdiction, the petitions have no practical effect.
The document, signed by Justice Undersecretary Nicholas Felix Ty, cited Section 2, Rule 102 of the Rules of Court, which states that a writ of habeas corpus is only enforceable 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 document said.
The DOJ further argued that the issuance of a writ of habeas corpus, which is intended as relief for those illegally confined or imprisoned, is not applicable as there was a valid arrest warrant issued against Duterte.
It cited Section 17 of Republic Act No. 9851, which allows Philippine authorities to forgo investigating or prosecuting a crime if another court or international tribunal is already doing so, and instead surrender or extradite suspects to the appropriate international court or another State in line with existing extradition laws and treaties.
It also noted Duterte’s “willingness to submit” to the ICC investigation, as he stated during the House quad committee meeting in November 2024, as well as in a video uploaded on his Facebook page before he arrived at The Hague.
President’s prerogative
Following the DOJ’s filing, the Supreme Court on Tuesday gave petitioners Sebastian, Veronica, and Paolo Duterte five days to personally file a traverse in response.
The DOJ also defended the government’s cooperation with Interpol in serving the arrest warrant on Duterte, invoking the President’s prerogative in foreign policy matters and arguing that the action was beyond the court’s scope of judicial review, as it is a political question.
The agency explained that as a member state of Interpol, it was the government’s duty to help the organization fulfill its mandate, one of which is “to ensure and promote the widest possible mutual assistance between all criminal police authorities.”
It added that this responsibility also extended to intergovernmental or nongovernmental international organizations, such as the ICC.
“Thus, in extending assistance to the Interpol, the [Philippine government], 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 pointed out.
“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.
Up to Marcos
In Malacañang, Presidential Communications Office Undersecretary and Palace press officer Claire Castro said on Tuesday that the President has not yet considered the possibility of replacing Solicitor General Menardo Guevarra following his move to recuse himself from the habeas corpus petitions.
Castro said Guevarra should evaluate if he was still fit to be the government’s chief lawyer afterward.
She stressed that it was “very important” and “very significant” to get a lawyer who is “very competent and very effective in defending the causes of the government.”
In response, Guevarra said only the President could decide his fate on whether he would remain as the government’s top lawyer.
“These habeas corpus cases are just a tiny fraction of the hundreds if not thousands, of tough cases that the OSG is handling for the government. I will stay in command of all these cases unless the President tells me to step down,” Guevarra said.
