The Supreme Court (SC) ordered the government, led by Executive Secretary Lucas P. Bersamin, to explain in 24 hours why a writ of habeas corpus should not be issued in the case of the arrest, detention, and turnover of former president Rodrigo R. Duterte to the International Criminal Court (ICC) in The Hague, Netherlands.
The directive was issued by the SC at about 6:30 p.m. on Thursday, March 13, after a day-long virtual session by all the justices led by Chief Justice Alexander G. Gesmundo,
A press briefer issued by the SC’s Office of the Spokesperson stated:
“On March 13, 2025, the SC En Banc (full court) unanimously resolved to consolidate the petition filed by Representative Paolo Z. Duterte with the earlier petitions for habeas corpus filed by Sebastian Z. Duterte and Veronica A. Duterte; and direct respondents in the consolidated petitions to show cause within a non-extendible period of 24 hours from receipt of notice why the peremptory writ of habeas corpus should not be issued.”
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.
The first two separate petitions were filed on Tuesday morning, March 12, by Davao City Mayor Sebastian “Baste” Duterte and Veronica “Kitty” Duterte.
Late afternoon last March 12, the third petition was filed by Duterte’s eldest son, Davao City First District Rep. Paolo “Pulong” Duterte.
All the three petitions asked the SC to declare illegal the arrest, detention, and turnover to the ICC of the former president.
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.”
On Rep. “Pulong” Duterte’s petition, the SC was told that the former president has been unlawfully arrested and is being illegally confined and detained, thus depriving him of his liberty.
He said that the respondents – Executive Secretary Lucas P. Bersamin, Local Governments Secretary Juan Victor Remulla and Philippine National Police Chief General Rommel Marbil -- committed grave abuse of discretion amounting to lack or excess of jurisdiction when they cooperated in the enforcement of the warrant of arrest issued by the ICC because it is a blatant violation of the sovereignty of the Republic of the Philippines, hence, unconstitutional.
He cited Article II, Section 7 of the Constitution which states: “The State shall pursue an independent foreign policy. In its relations with other states the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.”
“The acts imputed to FPRRD were alleged to have occurred within Philippine territory and are hence subject to the jurisdiction of the Philippines,” he said.
“As such, it is the Philippines that, in the exercise of the sovereign and jurisdiction, ought to exercise jurisdiction over the investigation and trial of such acts,” he added.
Named respondents in the first two petitions, aside from Bersamin, Secretary Remulla and General Marbil, were Philippine National Police (PNP) Chief Gen. Francisco Marbil, PNP-Criminal Investigation and Detection Group (CID) Director Gen. Nicolas Torre III, Solicitor General Menardo 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).