Davao City Mayor Sebastian 'Baste' Duterte appealed to the Supreme Court (SC) for assistance in bringing his father, former President Rodrigo Duterte, back to the Philippines after he was flown to The Hague, Netherlands late Tuesday.
The former President was arrested upon arriving in Manila from Hong Kong at 9:20 a.m. at NAIA Terminal 3.
He was then placed in government custody at Villamor Air Base, where he stayed prior to his departure for The Hague where he is set to face charges of crimes against humanity.
"This petition respectfully seeks the immediate and unconditional release of Former President of the Republic of the Philippines Rodrigo Roa Duterte, who is presently being unlawfully detained and faces an imminent and unauthorized transfer to the International Criminal Court (ICC) in The Hague, Netherlands," the Mayor said in his petition submitted before the high court on Wednesday.
Duterte argued that the basis for his father's detention and transfer is an "unverified and unenforceable" ICC warrant, which lacks a valid arrest warrant and has not been properly served in accordance with Philippine legal procedures.
"This action is a grave violation of Philippine sovereignty, the Constitution, and international legal principles governing state jurisdiction," he added.
LOOK: Naghain ng petition for writ of habeas corpus si Davao City Mayor Sebastian Duterte para sa agarang pagpapauwi at pagpapalaya sa kaniyang ama na si dating Pangulong Rodrigo Duterte | RH 29 @boy_gonzales, DZRH News pic.twitter.com/puf3dShyhs
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The mayor further pointed out that the Philippines withdrew from the Rome Statute in 2019, effectively terminating the ICC's jurisdiction over alleged acts committed within the country's territory.
He stressed that the implementation of the warrant by authorities runs counter to the country's sovereign right to oversee its legal and judicial processes.
In a previous move, former Chief Presidential Legal Counsel Atty. Salvador Panelo, together with his son Atty. Salvador Paolo Jr. filed a writ of habeas corpus against the Philippine government over Duterte's arrest.
President Ferdinand Marcos Jr. earlier confirmed that former President Duterte had flown to The Hague to stand trial for alleged crimes against humanity connected to the war on drugs during his time in office.
