Inquirer file picture/Niño Jesus Orbeta
MANILA, Philippines — The petitions for a writ of habeas corpus filed by the kids of former President Rodrigo Duterte haven’t any benefit and are actually moot as a result of their father has been turned over to the Worldwide Felony Courtroom (ICC) to face prices of crimes in opposition to humanity for his bloody drug warfare.
This was the reply of the Division of Justice (DOJ) on behalf of the federal government officers named respondents within the petitions, particularly Government Secretary Lucas Bersamin, Justice Secretary Jesus Crispin Remulla, Philippine Nationwide Police chief Gen. Rommel Marbil and Felony Investigation and Detection Group director Maj. Gen. Nicolas Torre III.
The DOJ took over the position of state lawyer after the Workplace of the Solicitor Normal (OSG) on Monday recused itself from the case.
READ: SolGen desires no half in Duterte petitions in SC
Duterte was flown to the ICC headquarters in The Hague final week after the federal government helped the Interpol serve the arrest warrant on Duterte upon his arrival at Ninoy Aquino Worldwide Airport from Hong Kong.
A day after their father was turned over to the ICC, Duterte’s youngsters requested the Supreme Courtroom to compel the federal government to convey him again from The Hague.
The excessive court docket issued a show-cause order on March 13 directing the federal government to clarify why the petitions for a writ of habeas corpus individually filed by Veronica Duterte (G.R. No. 278768), Davao Metropolis Mayor Sebastian Duterte (G.R. No. 278763), and Davao Metropolis Rep. Paolo Duterte (G.R. No. 278798) shouldn’t be granted.
Lack of jurisdiction
The DOJ argued that for the reason that former president is now within the custody of the ICC within the Netherlands and now not inside Philippine jurisdiction, the petitions haven’t any sensible impact.
The doc, signed by Justice Undersecretary Nicholas Felix Ty, cited Part 2, Rule 102 of the Guidelines of Courtroom, which states {that a} writ of habeas corpus is simply enforceable inside the Philippines.
“Clearly, due to this fact, for the reason that reduction prayed for might now not be granted, the consolidated petitions are already moot and educational, warranting their outright dismissal by the Honorable Courtroom,” the doc mentioned.
The DOJ additional argued that the issuance of a writ of habeas corpus, which is meant as reduction for these illegally confined or imprisoned, will not be relevant as there was a legitimate arrest warrant issued in opposition to Duterte.
It cited Part 17 of Republic Act No. 9851, which permits Philippine authorities to forgo investigating or prosecuting a criminal offense if one other court docket or worldwide tribunal is already doing so, and as an alternative give up or extradite suspects to the suitable worldwide court docket or one other State consistent with current extradition legal guidelines and treaties.
It additionally famous Duterte’s “willingness to submit” to the ICC investigation, as he said through the Home quad committee assembly in November 2024, in addition to in a video uploaded on his Fb web page earlier than he arrived at The Hague.
President’s prerogative
Following the DOJ’s submitting, the Supreme Courtroom on Tuesday gave petitioners Sebastian, Veronica and Paolo Duterte 5 days to personally file a traverse in response.
The DOJ additionally defended the federal government’s cooperation with Interpol in serving the arrest warrant on Duterte, invoking the President’s prerogative in overseas coverage issues and arguing that the motion was past the court docket’s scope of judicial assessment, as it’s a political query.
The company defined that as a member state of Interpol, it was the federal government’s responsibility to assist the group fulfill its mandate, considered one of which is “to make sure and promote the widest attainable mutual help between all prison police authorities.”
It added that this duty additionally prolonged to intergovernmental or nongovernmental worldwide organizations, such because the ICC.
“Thus, in extending help to the Interpol, the [Philippine government], led by the President, is merely complying with its worldwide obligations and performing his position because the chief architect of the nation’s overseas coverage,” the DOJ identified.
“This, naturally, is properly inside the President’s discretion to take action, and the train thereof is patently a political query, which is past the assessment energy of the courts,” it added.
As much as Marcos
In Malacañang, Presidential Communications Workplace Undersecretary and Palace press officer Claire Castro mentioned on Tuesday that the President has not but thought of the opportunity of changing Solicitor Normal Menardo Guevarra following his transfer to recuse himself from the habeas corpus petitions.
Castro mentioned Guevarra ought to consider if he was nonetheless match to be the federal government’s chief lawyer after.
She pressured that it was “essential” and “very vital” to get a lawyer who’s “very competent and really efficient in defending the causes of the federal government.”
In response, Guevarra mentioned solely the President might resolve his destiny on whether or not he would stay as the federal government’s high lawyer.
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“These habeas corpus circumstances are only a tiny fraction of the lots of, if not 1000’s, of robust circumstances that the OSG is dealing with for the federal government. I’ll keep accountable for all these circumstances, until the President tells me to step down,” Guevarra mentioned. —with a report from Julie M. Aurelio
