The allies of former President Rodrigo Duterte are challenging his arrest, as Atty. Israelito Torreon arrives at the Supreme Court (SC) to file a petition for certiorari.
Torreon, Duterte’s legal counsel, arrived at the SC on Tuesday afternoon, hours after the former president’s arrest was carried out. In an ambush interview with reporters, Torreon announced they are requesting the issuance of a temporary restraining order (TRO) and writ of preliminary prohibition, including the mandatory injunction.
“This petition, which calls for the respondents to cease from cooperating with the International Criminal Court (ICC),” Duterte’s legal counsel said.
The petition requested that all persons acting under the direction or authority of the International Criminal Court (ICC), be prohibited from carrying out the arrest.
According to Torreon, the petition was based on the Rome Statute Article 127 paragraph 2. He also noted that since the Philippines had already withdrawn from the ICC the country is no longer under its jurisdiction.
“If you note, we already filed our TRO and as a matter of fact, our written notice to the United Nations that we are no longer a party to the ICC, as early as March 17 of 2018. Such withdrawal became effective on March 17, 2019,” he said.
He added that Article 127 paragraph 2 of the Rome Statute indicates that only matters under the ICC can retain jurisdiction. However, since the Philippines is no longer part of the ICC, it does not apply.
“But, as early as 2018 what was opened was only a preliminary examination by the Office of the Prosecutor. It was not a judicial action. It was not sanctioned by then the pre-trial chamber of the ICC,” Torreon addressed.
“Therefore, Article 127 paragraph 2 does not apply,” he added.
With that, he called upon the Philippine government to stick with the rule of law.
“We call upon the Philippine government to stick with the rule of law since the Philippines is no longer a party to the ICC. Then it has no business anymore, cooperating with such body, including the international police, the Interpol,” he emphasized.
“We are earnestly praying to the honorable Supreme Court to grant us a temporary restraining order (TRO), restraining the Philippine government, [and] the respondents from cooperating with the ICC,” he added.
“And to release outright from custody our beloved former President Rodrigo Duterte on the grounds that his detention now is illegal, unconstitutional, and has no basis under the law,” he continued.
The petitioners are Duterte and Senator Ronald “Bato” Dela Rosa.
Its respondents include: Executive Secretary Lucas Bersamin, Justice Secretary Jesus Crispin Remulla, Interior and Local Government Secretary Jonvic Remulla, Police Chief Police General Rommel Marbil, Criminal Investigation and Detection Group Chief Major General Nicolas Torre III, Solicitor General Menardo Guevarra, Immigration Commissioner Norman Tansingco, Foreign Affairs Secretary Enrique Manalo, and Armed Forces chief General Romeo Brawner.
In an exclusive interview with DZRH, Duterte’s common-law wife Honeylet Avanceña claimed that no arrest warrant was issued to their camp, describing the turn of events as worse than the martial law declaration of the late former President Ferdinand Marcos Sr.
