Veronica “Kitty” Duterte on Wednesday filed a petition for habeas corpus before the Supreme Court (SC) to compel the government to return her father, former President Rodrigo Duterte, to the Philippines after he was transported to The Hague, Netherlands.
Represented by former chief presidential legal counsel Salvador Panelo and Salvador Paolo Panelo Jr., Kitty Duterte urged the High Court to issue a writ of habeas corpus, arguing that Duterte’s arrest and transfer were illegal.
Questioning ICC’s Jurisdiction
“The grounds for our petition, first of all, is that the arrest warrant issued by the International Criminal Court (ICC) cannot be used as a basis for the arrest and detention of former President Duterte because the ICC has no jurisdiction over the Philippines,” Panelo Jr. stated during an ambush interview.
The Philippines withdrew from the Rome Statute, the treaty establishing the ICC, in 2019 following the tribunal’s decision to probe Duterte’s controversial war on drugs. Panelo Jr. emphasized that the ICC can only exercise its jurisdiction when a country’s legal system is not functioning, which, he argued, is not the case in the Philippines.
“In fact, we cited in our petition the very statements of the government to the ICC, asserting that the tribunal has no jurisdiction over us because our legal system in the Philippines is fully operational,” he added.
Justice Secretary Jesus Crispin Remulla had previously declared that the ICC has no authority to intervene in the country’s judicial affairs.
Government Officials Named as Respondents
The petition names Executive Secretary Lucas Bersamin, Justice Secretary Remulla, Philippine National Police (PNP) Chief Police General Rommel Marbil, and PNP-Criminal Investigation and Detection Group Chief Major General Nicolas Torre III as respondents.
On Tuesday, authorities arrested Duterte over alleged crimes against humanity linked to his administration’s anti-illegal drugs campaign. Hours later, President Ferdinand Marcos Jr. confirmed that Duterte was being transported to The Hague for trial before the ICC.
The plane carrying the former president made a layover in Dubai on Wednesday morning, raising hopes among Duterte’s legal team that their petition might still be granted in time to prevent his complete transfer to ICC custody.
Legal Team Hopes for Swift SC Action
Salvador Paolo Panelo Jr. expressed optimism that the Supreme Court would intervene. “We are hoping that if the SC orders them to bring back President Duterte and present him to the Court, they can still do it,” he said.
Meanwhile, when asked about the potential consequences if Duterte is officially placed under ICC custody, Salvador Panelo Sr. placed the blame on the government. “That will be the government’s problem because they were the ones who took illegal action. They should correct it,” he stated.
The legal battle now awaits the Supreme Court’s decision, which could determine whether Duterte remains in ICC jurisdiction or is returned to Philippine soil to challenge the charges against him.