MANILA, Philippines — The government has asked the Supreme Court (SC) to dismiss the habeas corpus petitions filed by the children of former President Rodrigo Duterte, arguing that the case is now moot and baseless since Duterte is no longer under Philippine jurisdiction.
DOJ: Petitions No Longer Applicable
In a 33-page consolidated compliance, the Department of Justice (DOJ)—which took over as state counsel after the Office of the Solicitor General (OSG) recused itself—stated that the petitions are no longer relevant since the government no longer has legal or physical custody of Duterte.
The DOJ emphasized that a writ of habeas corpus is only enforceable within the Philippines. Since Duterte is already in The Hague, implementing such a writ is physically impossible.
“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.
Habeas Corpus Does Not Apply to Duterte’s Case
The DOJ further asserted that habeas corpus does not apply to Duterte’s situation, as he was arrested based on a legitimate warrant issued by the International Criminal Court (ICC). Under Philippine law, a writ of habeas corpus only protects individuals from unlawful detention, not those legally arrested.
“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,” the DOJ stated.
The DOJ also cited Section 17 of Republic Act 9851, also known as the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, which allows Philippine authorities to surrender individuals to international tribunals such as the ICC.
“In surrendering (Duterte) to the ICC, the government opted to dispense with local investigation or prosecution in favor of the ICC proceedings,” the DOJ explained.
Government Asserts Foreign Policy Discretion
The government also invoked the political question doctrine, arguing that decisions regarding cooperation with Interpol and compliance with international obligations fall under the President’s authority as the chief architect of foreign policy. As such, the DOJ contends that these 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 Supreme Court, reinforcing that such foreign policy decisions fall under presidential discretion.
Respondents and Legal Basis for Duterte’s Arrest
The habeas corpus petitions were filed by Duterte’s children—Davao City Rep. Paolo Duterte, Davao City Mayor Sebastian Duterte, and Veronica Duterte—seeking their father’s release and return to the Philippines.
The government officials named as respondents in the petitions include:
- Executive Secretary Lucas Bersamin
- Interior Secretary Jonvic Remulla
- Justice Secretary Jesus Crispin Remulla
- PNP Chief Gen. Rommel Francisco Marbil
- CIDG Director Maj. Gen. Nicolas Torre III
The DOJ reiterated that Duterte’s arrest and transfer to The Hague were lawful, complying with both Philippine law and international obligations, and therefore, there are no legal grounds for habeas corpus in this case.
