THE Department of Justice (DOJ) has filed a response declaring the habeas corpus petitions filed by the children of former president Rodrigo Duterte to be without merit and moot.
The petitions, filed by Veronica, Sebastian, and Paolo Duterte, sought to compel the government to return their father from The Hague, where he is now in ICC custody facing charges of crimes against humanity related to his drug war.
The DOJ, which assumed the case after the Office of the Solicitor General recused itself, argued that the petitions are ineffective as Duterte is no longer under Philippine jurisdiction.
The response cites Section 2, Rule 102 of the Rules of Court, which limits the writ of habeas corpus to individuals within Philippine territory. Furthermore, the DOJ contends that the writ is inapplicable given the valid arrest warrant issued against Duterte.
The DOJ’s response defends the government’s cooperation with Interpol in serving the arrest warrant, citing the President’s prerogative in foreign policy and asserting that this action is beyond the court’s purview. The agency highlights its international obligations as an Interpol member state and its duty to assist international organizations like the ICC.
The Supreme Court has granted the petitioners five days to respond to the DOJ’s filing. Meanwhile, Malacañang reported that President Marcos has not yet considered replacing Solicitor General Menardo Guevarra following his recusal from the case.
