The camp of former President Rodrigo Roa Duterte (FPRRD) will file a writ of habeas corpus against the Philippine government for its "unpatriotic and abject surrender of the country’s sovereignty to ICC, that has no jurisdiction over the former," Atty. Salvador Panelo confirmed on Tuesday.
In a statement, the former presidential spokesperson said the filing will be joined by his son, Atty. Salvador Paolo Jr.
"I and my son, Atty. Salvador Paolo Jr., will be filing a petition for a writ of habeas corpus tomorrow (March 12) morning at 8:30 a.m. against the Philippine government for detaining a Filipino citizen, former President Rodrigo Duterte, kidnapping him, and surrendering him to a foreign institution," Panelo said.
Panelo stated that the petition will ask the Supreme Court to compel the government to bring the former president back and to account for its constitutional transgressions on his rights.
Veronica A. Duterte, the former president’s daughter, will serve as the petitioner.
A writ of habeas corpus is a legal order that requires a person or authority holding someone in custody to bring them before a court to determine whether their detention is lawful. It serves as a protection against illegal imprisonment or arbitrary detention.
On Monday, FPRRD was apprehended by Philippine authorities upon his arrival at NAIA Terminal 3 with a warrant of arrest from the International Criminal Court (ICC).
The arrest was in relation to the former president's alleged crimes against humanity in connection with his administration's controversial war on drugs and extrajudicial killings.
In 2018, Duterte withdrew the Philippines from the ICC after the tribunal launched a preliminary investigation into his drug war policies. However, the ICC ruled that it retains jurisdiction over crimes committed while the Philippines was still a member.
Panelo earlier called the arrest "unlawful" as the Philippine National Police did not allow Duterte's lawyer to meet him, adding that a hard copy of the ICC warrant had not been provided.
Former President Duterte’s legal counsel also said that the ICC bypassed the country's due process and it does not have jurisdiction over the Philippines.
Meanwhile, lawyer Kristina Conti, assistant to counsel at the ICC, said the arrest warrant against Duterte was subject to the ICC's strict confidentiality protocols.
She pointed out that, unlike domestic courts that publicly announce warrants, the ICC often keeps them sealed to prevent suspects from evading capture.
"All events during the investigation are kept secret," Conti said, noting that publicizing an arrest warrant too early could allow high-profile individuals to flee or obstruct justice."
