SC ruling on Duterte's release plea no bearing on ICC, says lawyer

A decision of the Supreme Court regarding the petition for a writ of habeas corpus seeking to secure the release of former President Rodrigo Duterte from the International Criminal Court (ICC) detention has no bearing amid the ongoing proceedings, a lawyer said Saturday.

“Walang bearing kung ano man ang sabihin ng Supreme Court unfortunately. Because the custody of the person has already been transmitted to the ICC. Kasi ang habeas corpus, produce the body, it’s directed to, supposedly, Philippine officials. Ang bilis ng excuse, ‘Eh wala na po sa amin,’ kaya tapos ang kaso,” Conti said at a forum, as reported by Jonathan Andal on 24 Oras Weekend.

(What the Supreme Court says unfortunately has no bearing. Because the custody of the person has already been transmitted to the ICC. Habeas corpus requires to produce the body, it’s directed to, supposedly, Philippine officials. But the quick excuse, ‘We no longer have the body,’ so the case is over.)

“And second. Technical lang ito (It’s just technical). It’s just procedural,” added Conti, ICC assistant to counsel.

The Supreme Court (SC) en banc has directed government officials to respond to a petition for a writ of habeas corpus seeking to secure the release of Duterte from the ICC detention.

In a notice issued Friday, the SC ordered the respondents to file a memorandum on the petition within 30 days.

The Court said the memorandum should take into consideration if the present controversy is already moot; if the SC  must exercise restraint in view of the ongoing proceedings before the ICC; and whether a writ of habeas corpus must be issued.

Named respondents to the case were former Executive Secretary Lucas Bersamin; Ombudsman Jesus Crispin Remulla; Interior and Local Government Secretary Jonvic Remulla; ex-PNP chief Francisco Marbil,  ex-PNP-CIDG Director Nicolas Torre III; ex-Solicitor General Menardo Guevarra;

Former Immigration Commissioner Norman Tansingco, ex-Foreign Affairs Secretary Enrique Manalo; Armed Forces Chief of Staff General Romeo Brawner Jr.; and Philippine Center on Transnational Crime Executive Director Lt. Gen. Antonio Alcantara; and Captains Johnny Gulla and Elmo Segovia.

In March, Veronica "Kitty" Duterte, Davao City Mayor Sebastian "Baste" Duterte, and Davao City Representative Paolo "Pulong" Duterte sought a writ of habeas corpus to secure the release of the former president from his detention.—Jamil Santos/MCG, GMA Integrated News