Duterte kids tell SC: Petition for father’s ICC release not moot

The children of former President Rodrigo Duterte have filed separate memoranda with the Supreme Court (SC), insisting that the consolidated petition seeking the release of their father from detention at the International Criminal Court (ICC) is not moot.

They were responding to the SC’s earlier directive asking parties to state their position on whether the case is already moot, whether the court should exercise restraint in view of the ongoing ICC proceedings, and whether it should issue a writ of habeas corpus for the former president.

The High Court is weighing arguments that the issues raised have already been resolved or that there is nothing left for the court to decide because Duterte is already in ICC custody, with the ICC having jurisdiction over matters related to his release.

In separate submissions, Davao City Representative Paolo “Pulong” Duterte, Acting Davao City Mayor Sebastian Duterte, and Veronica “Kitty” Duterte argued that the petition remains valid as their father continues to be detained.

In his memorandum, Pulong Duterte said that the SC may still declare that the arrest of his father is illegal and unconstitutional. 

He reiterated his request for the SC to issue a writ of habeas corpus, order the release of former President Duterte, and prohibit the government from cooperating with the ICC and Interpol.

“In fine, the arrest, detention, surrender, and extradition of FPRRD are unconstitutional and illegal. The same violates international and domestic laws applicable to the matter,” Congressman Duterte's memorandum read.

“Hence, this Honorable Court must annul Respondents’ acts performed in the pursuance of the same, and prohibit them from performing the same acts in the future,” it added.

Meanwhile, Kitty Duterte, the youngest daughter of the former president, said that Duterte’s detention in foreign soil does not prevent the SC from acting on the petition.

“The fact that FPRRD is now detained on foreign soil does not necessarily divest this Honorable Court of its power to act, nor does it moot the petition,” she said.

She reiterated her request for the SC to declare Duterte’s arrest, surrender, and continued detention illegal and unconstitutional, and to immediately direct the government to facilitate his return.

Meanwhile, Sebastian Duterte argued that the SC should not exercise restraint despite the ongoing ICC case, saying Philippine courts retain primary jurisdiction over the matter and over the legality of the acts of government officials affecting his father’s liberty.

He also maintained that the ICC’s jurisdiction is complementary in nature, meaning it functions as a court of last resort.

“National courts remain the primary fora for the investigation and prosecution of crimes. Complementarity was crafted precisely to preserve state sovereignty, as it ensures that international jurisdiction arises only when domestic mechanisms are genuinely unavailable,” he said.

Already moot

Meanwhile, the Office of the Solicitor General (OSG), representing the respondent government officials, asked the SC to deny the consolidated petition for being moot and for utter lack of merit.

The OSG argued that a writ of habeas corpus should not be issued because it would have no “extraterritorial effect,” stressing that Duterte is already in The Hague, Netherlands.

“Because FPRRD is outside Philippine territory, any relief that may be granted by the Honorable Court would be ineffectual and without practical value, as it cannot be enforced beyond the country’s territorial jurisdiction,” the OSG said.

“It is precisely the impracticality of enforcing the relief sought which renders this case non-justiciable, as the lack of enforceable relief fails to satisfy the constitutional requirement of an ‘actual controversy’ necessary to trigger the Honorable Court’s power of judicial review,” it added.

The OSG said judicial power includes the duty of courts to resolve controversies that are legally demandable and enforceable.

It also said the exceptions to the mootness doctrine do not apply to the present case and argued that there is no grave constitutional violation.

Aside from this, the OSG said the requisites for the case to be considered capable of repetition yet evading review are absent, noting that the petitions involve a “highly fact-specific controversy.”

The OSG further said the SC must exercise restraint due to the ongoing ICC proceedings, warning that granting the petition could violate international obligations and interfere with the Philippines’ foreign relations.

The submissions follow a March 2025 filing by the Duterte siblings seeking a writ of habeas corpus to secure the former president’s release from ICC detention.

The Philippine government, through the Department of Justice, previously asked the SC to dismiss the siblings’ petitions.

Duterte is currently detained at the ICC, where the Prosecutor has charged him with 49 counts of murder and attempted murder during his time as mayor of Davao City and as President of the Philippines.

In November 2025, the ICC Appeals Chamber denied Duterte’s appeal for interim release.—MCG, GMA Integrated News