Kitty, Baste Duterte seek SC help to bring father Rodrigo back to PH

Veronica "Kitty" Duterte and Davao City Mayor Sebastian ''Baste'' Duterte on Wednesday sought the help of the Supreme Court (SC) to bring their father, former President Rodrigo Duterte, back to the Philippines after he was flown to The Hague, Netherlands to face trial at the International Criminal Court (ICC).

In separate petitions for writ of habeas corpus, the Duterte siblings asked the high court to order the authorities to present the former president before the high court.

Kitty was represented by former chief presidential legal counsel Salvador Panelo and Salvador Paolo Panelo Jr.

“So ang mga grounds po natin para sa petition na ito ay unang-una hindi pwede maging batayan ng pag aresto at pag detena ng dating Pangulong Duterte ang ICC warrant of arrest dahil walang jurisdiction ang ICC sa ating bansa,” Salvador Paolo said in an ambush interview.

(The grounds for our petition, first of all, is that the arrest warrant cannot be used as a basis for the arrest and detention of former President Duterte because the ICC has no jurisdiction in the country.)

The Philippines withdrew from the Rome Statute, the treaty that established the ICC, in 2019 after The Hague-based tribunal began a probe into the Duterte administration's drug war.

He said the ICC may only exercise its jurisdiction if the country’s legal system is not functioning.

He stressed that the Philippines judicial system is working.

“In fact, cinite namin sa petition namin ang statements mismo ng gobyerno natin sa ICC na sinasabing wala kayong jurisdiction sa amin dahil namamayagpag ang legal system namin sa Pilipinas,” Salvador Paolo said.

(In fact, we cited in our petition the very statements of the government to the ICC that they have no jurisdiction over us because our legal system in the Philippines is fully functioning.)

“Si (Justice) Secretary Boying (Remulla) na mismo ang nagsabi na wala kayong karapatang mag himasok sa amin,” he added.

(Secretary Boying himself said that you have no right to interfere.)

Baste also argued that the ICC has no jurisdiction over the Philippines and that the former president was deprived of medical care while he was in police custody.

''The unlawful execution of an ICC warrant, despite the Philippines' formal withdrawal from the Rome Statute, underscores a direct attack on national sovereignty and an illegal deprivation of liberty,'' the petition said.

''The failure to provide proper service of warrant, the denial of adequate access to medical care, legal counsel, and visitation, as well as the forcible attempt to remove him from the Philippines, further amplify the gross injustices committed against him. Habeas corpus, as an extraordinary remedy, stands as the most immediate recourse to rectify his deprivation of liberty,'' it added.

Executive Secretary Lucas Bersamin, Justice Secretary Jesus Crispin Remulla, Philippine National Police (PNP) chief Police General Rommel Marbil, and PNP-Criminal Investigation and Detection Group chief Major General Nicolas Torre III were among the respondents in both petitions.

On Tuesday, Duterte was arrested for alleged crimes against humanity during his administration's anti-illegal drugs campaign.

Hours later on the same day, President Ferdinand Marcos Jr. announced that Duterte was being brought to The Hague, where the ICC is based, to face charges in connection with the previous administration's drug war.

The plane carrying Duterte arrived in Dubai for a layover on Wednesday morning.

Salvador Paolo said they hope that their petition will be granted as the plane used by Duterte is under Philippine custody.

“Umaasa kami na kapag inutusan sila ng SC na ibalik si Pangulong Duterte dito at ipresenta sa SC, kaya pa rin nila gawin,” he said.

(We are hoping that if the SC orders them to bring back President Duterte and present him to the SC, they can still do it.)

Meanwhile, when asked what will happen if Duterte is placed under the custody of the ICC, Panelo said that will become the problem of the government should their petition be granted.

“Problema na ng gobyerno ‘yun sapagkat sila ang gumawa ng illegal na action. I-correct nila,” he said.

(That’s the government’s problem because they were the ones who took illegal action. They should correct it.)

The former chief presidential legal counsel previously called the arrest unlawful.

Meanwhile, Vice President Sara Duterte flew to Amsterdam, the Netherlands on Wednesday following the arrest. — RSJ/VBL, GMA Integrated News