DOJ represents gov't in Duterte's habeas corpus petitions at SC
Justice Secretary Jesus Crispin C. Remulla said on Tuesday, March 18, the Department of Justice (DOJ) has been tasked to represent the government before the Supreme Court (SC) in the three habeas corpus petitions filed on the case of former President Rodrigo R. Duterte.
Remulla said the DOJ's comment has been filed on Monday, March 17 before the SC.
He, however, declined to provide details on the contents of the comment filed.
In a show cause order, the SC had required the respondens in the three petitions, led by Executive Secretary Lucas P. Bersamin, to explain why the writ of habeas corpus should not be issued.
“I will not speak about the comment because it’s in court right now,” he stated as he pointed out that the pleading filed is now about the jurisdiction of the International Criminal Court (ICC) on the Philippines.
“Ang isyu doon ay habeas corpus (The issue there is the habeas corpus),” he pointed out.
“We were given the authorization by the Executive Secretary na kami na ang sumagot (We have been given authorization by Executive Secretary Lucas P. Bersamin to answer the petitions),” Remulla said.
He pointed this out after the Office of the Solicitor General (OSG) recused itself in representing the government before the SC in answering the petitions that were filed separately by Duterte’s children, namely, Davao City First District Rep. Paolo Duterte, Davao City Mayor Sebastian Duterte and Veronica Duterte.
The petitions were filed after Duterte was arrested last March 11 by local authorities based on the warrant of arrest issued by the ICC. Duterte has been flown to The Hague where he is currently detained.
The ICC has been investigating Duterte for crimes against humanity in connection with the extrajudicial killings committed during the drug war when he was still Davao City mayor and president of the Philippines.
The Writ of Habeas Corpus is a legal remedy for alleged arbitrary arrest and detention of a person.
If issued by the court, the writ can compel the person who arrested and detained a person to present that person before it for judicial inquiry.
Remulla expressed his belief that the habeas corpus petitions will not be granted by the SC since Duterte is already in The Hague
“At tsaka sabi naman n’ya haharapin ang charges (And besides Duterte said he will face all charges). I think that he has repeated that to all of us. Lahat tayong Filipino narinig natin na sinabi sa atin ni dating Pangulong Duterte na haharapin n’ya ang kahit anong paratang sa kanya kahit sa ICC (All of us Filipinos heard him when he said that he will face charges including those before the ICC),” Remulla recounted.