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This file photo shows then-President Rodrigo Duterte standing beside then-Philippine National Police chief Ronald “Bato” Dela Rosa during Dela Rosa's Assumption of Command Ceremony at the Camp Crame in Manila on July 1, 2016.
AFP / Noel Celis
MANILA, Philippines — Minutes before the Supreme Court closed on Tuesday, March 11, former President Rodrigo Duterte and Sen. Ronald “Bato” Dela Rosa filed a petition challenging the legality of the International Criminal Court’s (ICC) arrest warrant against Duterte.
The petition was submitted by Davao-based lawyer Israelito Torreon before the Supreme Court, just hours after Duterte was apprehended at Ninoy Aquino International Airport (NAIA).
Duterte and Dela Rosa asked the high court to halt government cooperation with the ICC and to order the immediate release of “the petitioners or any other individuals” arrested in connection with the ICC investigation.
They also sought a writ of preliminary prohibitory and mandatory injunction to prevent respondents and authorities from taking further actions related to the case. Specifically, they requested the immediate suspension of any cooperation with the ICC, including sharing evidence, documents, or intelligence.
They also urged the court to bar law enforcement agencies—particularly the Philippine National Police (PNP)—from assisting in the execution of ICC-issued warrants or arrest orders.
Finally, they asked the court to declare the government's cooperation with the ICC unconstitutional.
Gov't officials named in petition
The petition named several top government officials as respondents, including:
- Executive Secretary Lucas Bersamin
- Justice Secretary Jesus Crispin Remulla
- Interior and Local Government Secretary Jonvic Remulla
- Foreign Affairs Secretary Enrique Manalo
- PNP Chief Gen. Rommel Francisco Marbil
- PNP-CIDG Director Maj. Gen. Nicolas Torre III
- Solicitor General Menardo Guevarra
- Former Immigration Commissioner Norman Tansingco
- AFP Chief of Staff Gen. Romeo Brawner Jr.
Prosecutor general defends arrest
Prosecutor General Richard Fadullon, the official who served the ICC warrant on Duterte, asserted that due process was strictly followed in the former president’s arrest.
"The former president was read his rights and informed of the charges against him. The ICC warrant was issued for the following charges: crimes against humanity and murder," Fadullon said in a message to reporters.
He added: "We ensured due process by reading him his rights and protecting his dignity."
Fadullon also pointed out that any challenge to the validity of the arrest should be raised before the ICC, not the arresting officers.
Duterte was arrested on the morning of Tuesday upon his return from Hong Kong. Malacañang confirmed that the ICC warrant was issued earlier that day.
Special raffle for Duterte’s case
Minutes after the petition was filed, the Supreme Court announced that it had assigned the case in a special raffle due to its significance.
“Given the significance of this case and upon the Chief Justice's instructions, a special raffle has been conducted pursuant to Rule 7, Section 7 of the Internal Rules of the Supreme Court,” the high court said.
Charges vs Duterte
The ICC warrant cited Duterte’s “alleged criminal responsibility” for crimes against humanity (murder) over the extrajudicial killings carried out during his administration.
The charges cover acts allegedly committed between Nov. 1, 2011 and March 16, 2019.
Official Philippine government records estimate that Duterte’s drug war resulted in approximately 6,000 deaths.
However, human rights organizations place the death toll at up to 30,000, primarily among small-scale drug users and pushers.
