The country’s Solicitor General, the government’s chief lawyer, recused or inhibited from participating in the three habeas corpus petitions that challenged before the Supreme Court (SC) the arrest, detention, and turnover to the International Criminal Court (ICC) of former president Rodrigo R. Duterte.
As of posting time, it was not known immediately which office or who will file the justification on the government’s action done on the case of Duterte.
But definitely, legal quarters said the directive of the SC on the habeas corpus petitions should be complied with.
The SC had earlier directed several government officials, led by Executive Secretary Lucas P. Bersamin, to explain in 24 hours why a Writ of Habeas Corpus should not be issued.
In a manifestation filed for the Office of the Solicitor General (OSG) by Solicitor General Menardo I. Guevarra, several assistant solicitors general and state solicitors, the SC was told:
“To recall, on 17 March 2018, the Republic of the Philippines, in the exercise of its sovereign prerogative under Article 127, paragraph 1 of the Rome Statute, deposited with the Office of the United Nations (UN) Secretary General its written notification of withdrawal from the Statute. The withdrawal took full effect on 17 March 2019.
“In steadfast adherence to this sovereign decision, the OSG has consistently maintained, both in its submissions before the ICC and in its public statements, that the case of the Philippines was not admissible and that the ICC failed to timely exercise its jurisdiction.
“Consequently, the Philippine Government has no legal obligation to cooperate with the ICC nor recognize any process emanating from the ICC following the effectivity of the country's withdrawal from the Rome Statute.
“Considering the OSG's firm position that the ICC is barred from exercising jurisdiction over the Philippines and that the country's investigative, prosecutorial, and judicial system is functioning as it should, the OSG may not be able to effectively represent Respondents in these cases and is constrained to recuse itself from participating herein.”
The OSG then asked the SC to note and/or favorably consider its manifestation.
Named respondents in the three petitions, aside from Bersamin, were Local Government Secretary Juan Victor Remulla, Philippine National Police (PNP) Chief Gen. Rommel Marbin, PNP-Criminal Investigation and Detection Group (CID) Director Gen. Nicolas Torre III, Solicitor General Guevarra, Foreign Affairs Secretary Enrique Manalo, Armed Forces of the Philippines (AFP) Chief of Staff Romeo Brawner Jr., Executive Director of the Philippine Center on Transnational Crime (PCTC) Undersecretary Lt. Gen. Antonio Alcantara, Capt. Johnny Gulla and the Bureau of Immigration (BI).
In a press briefer issued last March 13, the SC consolidated the three petitions for habeas corpus filed by Duterte’s children – Rep. Paolo Z. Duterte, Davao City Mayor Sebastian Z. Duterte, and Veronica A. Duterte.
The SC then issued a show order directing the respondents to submit their justification on the arrest, detention, and turnover to the ICC of then president Duterte.
The Writ of Habeas Corpus is a citizen’s legal remedy against alleged illegal arrest and detention.
If the writ is granted, the court can order the physical presentation of the arrested and detained person before the court for judicial inquiry.
In the three petitions, the SC was told that the ICC has no jurisdiction over the Philippines which had severed its membership with the tribunal since 2019.
The petitions also asked the SC to order the return of Duterte to the Philippines where he will face whatever cases may be filed in connection with his illegal drugs war during his administration as president.
Former president Duterte was served the ICC’s arrest warrant through the International Criminal Police Organization (Interpol) last March 11 immediately after his arrival from Hong Kong. Later on the same day, he was flown to The Hague, Netherlands.
Late afternoon on March 11, both Duterte and Sen. Ronald Dela Rosa filed a petition before the SC asking the High Court to stop the arrest of the former president. They pleaded for the issuance of a temporary restraining order (TRO).
Last Wednesday, March 12, the SC did not issue a TRO. The SC said: “After a virtual deliberation on the 94-page petition, the SC found that petitioners failed to establish a clear an unmistakable right for the immediate issuance of a TRO.”
The SC, however, the respondents in the petition filed by Duterte and Bato “to comment on the petition with prayer for TRO and/or writ of preliminary injunction within a non-extendible period of 10 days from notice.”