SC urged to junk Duterte habeas corpus plea

MANILA, Philippines — The government has urged the Supreme Court (SC) to junk the consolidated habeas corpus petitions filed by the children of former president Rodrigo Duterte, saying that the case is now moot and devoid of merit, since he is already out of Philippine jurisdiction.

In a 33-page consolidated compliance, the Department of Justice (DOJ), which stepped in as state counsel after the Office of the Solicitor General (OSG) recused itself from the case, said the petitions are already moot because the government “no longer have legal and physical custody” of Duterte.

It noted that a writ of habeas corpus is only enforceable within the Philippines, and since Duterte is already in The Hague, “there is physical impossibility of the writ being implemented in the first place.”

“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 DOJ said.

The writ of habeas corpus also does not apply in the case of Duterte, because the former president was arrested based on a legitimate warrant issued by the International Criminal Court (ICC) and under Philippine law, the writ only protects individuals from illegal detention, not those under lawful arrest.

“The writ exists to relieve persons from unlawful restraint. It is not issued when the person is in custody because of a judicial process or a valid judgment,” it said.

The DOJ cited also Section 17 of Republic Act 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity, which allows Philippine authorities to surrender suspects to international tribunals like the ICC.

“In surrendering (Duterte) to the ICC, the government opted to dispense with local investigation or prosecution in favor of the ICC proceedings,” it said.

The government also invoked the political question doctrine, by asserting that the decision to cooperate with the International Criminal Police Organization (Interpol) and comply with international obligations rests with the President as the chief architect of foreign policy, saying such matters are beyond the courts’ power to review.

“The cooperation extended by the government to Interpol in serving the ICC’s arrest warrant is outside the scope of judicial review,” the DOJ told the SC, noting the President’s discretion in handling foreign policy matters.
The respondents in the petition include Executive Secretary Lucas Bersamin, Interior Secretary Jonvic Remulla, Justice Secretary Jesus Crispin Remulla, Police Chief Gen. Rommel Francisco Marbil and Criminal Investigation and Detection Group director Maj. Gen. Nicolas Torre III.

The DOJ said there are no grounds for habeas corpus in Duterte’s case, insisting that Duterte’s arrest and transfer to The Hague were lawful, compliant with Philippine law and international obligations.
The habeas corpus petitions were filed before the SC by Duterte’s children – Davao City Rep. Paolo Duterte, Davao City Mayor Sebastian Duterte and Veronica Duterte.