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Photo of President Rodrigo Dutete (left) and Davao City Vice Mayor Sebastian "Baste" Duterte (right) who recently tested positive for COVID-19.
Instagram / Sebastian Duterte
MANILA, Philippines — Within 48 hours of former President Rodrigo Duterte’s arrest, a third petition challenging his detention was filed before the Supreme Court on Thursday, March 12.
Davao City Mayor Sebastian "Baste" Duterte petitioned the high court for a writ of habeas corpus, seeking the "immediate and unconditional release" of his father.
He argued that the former president’s arrest and detention were unlawful and that he faced an unauthorized transfer to the International Criminal Court (ICC).
"The basis for his detention and transfer is an unverified and unenforceable ICC warrant, which lacks a valid warrant of arrest and has not been properly served in accordance with Philippine legal procedures," his petition read.
"This action is a grave violation of Philippine sovereignty, the Constitution, and international legal principles governing state jurisdiction," he added.
Like the two previous petitions, Baste argued that the ICC lacks jurisdiction over the Philippines, as the country withdrew from the Rome Statute on March 17, 2019.
"The withdrawal from the Rome Statute signifies that the ICC no longer has jurisdiction over the Philippines. However, the country remains committed to addressing crimes against humanity and other international crimes through its domestic legal framework, particularly under Republic Act No. 9851," the petition read.
He further argued that "the principle of complementarity" should be followed, saying that local courts should have primary jurisdiction since the Philippine justice system remains functional.
According to the petition, the ICC only intervenes when a country is unwilling or unable to prosecute serious crimes, rather than replacing national legal systems.
"The ICC's Warrant of Arrest against Rodrigo Roa Duterte contravenes R.A. 9851 and undermines the primacy of Philippine courts. It also disregards Philippine sovereignty, which mandates that the Philippine government has the ultimate authority to enforce its laws and administer justice within its jurisdiction," it read.
Claims of medical neglect, forced transfer
Baste also said that his father was deprived of adequate medical care and visitation rights and was forcibly removed from the country without his consent.
"The failure to properly serve the warrant, the denial of adequate access to medical care, legal counsel, and visitation, as well as the forcible attempt to remove him from the Philippines, further amplify the gross injustices committed against him," the petition read.
This is the second habeas corpus petition filed on March 12. Earlier, Veronica Duterte, another daughter of the former president, also filed a similar petition.
The elder was arrested on March 11 upon arrival at Ninoy Aquino International Airport Terminal 3 from Hong Kong.
The ICC has charged him with crimes against humanity (murder) over extrajudicial killings during his presidency, covering incidents between Nov. 1, 2011, and March 16, 2019.
While official Philippine government records report around 6,000 deaths in Duterte’s war on drugs, human rights groups estimate the toll could be as high as 30,000, primarily affecting small-time drug offenders.
