SC: No immediate TRO in Duterte, Bato petition vs. cooperating with ICC

The Supreme Court didn't issue a temporary restraining order in connection with the petition former President Rodrigo Duterte and Senator Ronald Dela Rosa filed seeking to prohibit government agencies from cooperating with the International Criminal Court and its investigation of the war on drugs.

The petition, filed on the day Duterte was arrested on Tuesday morning on a warrant from the ICC and upon the request from Interpol, also sought that the SC prohibits the government from enforcing warrants, summons, and requests.

In a statement, SC spokesperson Atty. Camille Ting said that the court found that they failed to establish a “clear and unmistakable right” for the immediate issuance of a TRO.

“After a virtual deliberation of the 94-page petition, the SC, by majority vote, found that the petitioners failed to establish a clear and unmistakable right for the immediate issuance of a TRO,” the statement said. 

“However, the SC has directed the respondents to comment on the petition with prayer for TRO and/or writ of preliminary injunction within a non-extindible period of 10 days from notice,” she added. 

In an earlier message to reporters, the SC clarified that the issuance of a TRO is “still a possibility.” 

According to Ting, the SC directed the respondents to comment on the petition within a non-extendible period of 10 days from notice. 

The petitioners also asked for a TRO to prohibit the government from coordinating and providing assistance to the International Criminal Police Organization (Interpol) or any foreign law agency regarding the execution of warrants.

"[If] already arrested, that the Honorable Court order that the petitioners or any other individuals in connection with the ICC’s investigation be immediately released," the petition read.

They asked for the issuance of a writ of preliminary prohibitory and mandatory injunction for the government to immediately suspend any ongoing cooperation with the ICC.

The writ of injunction also seeks to prohibit state forces from assisting or executing any ICC-issued warrants or arrest orders. 

They asked that those arrested in connection to the probe must be released.

GMA News Online has sought comment from the petitioners’ lawyer but has yet to receive a response as of posting time.

Further, the SC also received on Wednesday two petitions for the writ of habeas corpus for Duterte that were filed separately by his children Davao City Mayor Sebastian Duterte and Veronica Duterte. 

“These petitions seek the issuance of a writ of habeas corpus commanding respondents Executive Secretary Bersamin, et. al. to appear before the SC, produce the body of former President Duterte, and explain his imprisonment,” Ting also said.  

The SC said that both petitions have been raffled to a Member-in-Charge for appropriate action. 

On Tuesday night, President Ferdinand Marcos Jr. announced that Duterte was en route to The Hague, where the ICC is based, to face charges in connection with the drug war.

The plane carrying Duterte had an eight-hour layover at the airport in Dubai. It has since left for Rotterdam. –NB/RF, GMA Integrated News