Kitty asks SC to hold oral arguments on petitions seeking Duterte’s return

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Paolo, Sebastian, and Kitty Duterte have pending petitions with the High Court seeking their father's release from detention in The Hague

MANILA, Philippines – Former president Rodrigo Duterte’s daughter, Veronica, also known as “Kitty,” has asked the Supreme Court (SC) to set oral arguments on the petitions they filed seeking Duterte’s return to the country from The Hague, Netherlands.

The younger Duterte filed on Tuesday, April 8 a motion to set the case for oral arguments.

In her motion, Kitty said holding oral arguments would allow the SC to question the parties regarding the pending habeas corpus petitions. She added that the arguments would also allow the High Court to look into the balance between the executive branch’s discretion on matters of foreign affairs and the judiciary’s role in safeguarding constitutional rights.

“Oral arguments would allow this Honorable Court to probe the jurisdictional limits of a writ of habeas corpus and the enforceability of its writ on respondents within this Honorable Court’s jurisdiction, even when their actions extend beyond our national borders,” Duterte’s youngest daughter said.

“Oral arguments would provide clarity on these uncharted legal waters, including the significance of the respondents’ hasty actions that were obviously designed to avoid judicial review and correction,” she added.

Earlier, Kitty and Duterte sons — Davao City Mayor Sebastian and Davao City 1st District Representative Paolo — filed habeas corpus petitions seeking their father’s release from International Criminal Court (ICC) custody and detention in The Hague. Duterte was arrested over his crimes against humanity case last month and has since been under detention in the Dutch prison Scheveningen.

Habeas corpus is an extraordinary legal remedy used against illegal detention and is often invoked by arrested activists. In their petition, the Duterte children also questioned the ICC’s jurisdiction in the Philippines.

It’s likely that the Department of Justice (DOJ) will represent the government in the oral arguments as it is now serving as the administration’s legal counsel in the petitions after the Office of the Solicitor General (OSG), under Solicitor General Menardo Guevarra, recused from the case. Guevarra was Duterte’s former justice secretary.

Several legal experts have said that the petitions were of no use because the SC has no jurisdiction over the ICC. ICC-accredited lawyer Joel Butuyan said a habeas corpus petition is hinged on the presence of the person in the Philippines, but Duterte is no longer in the country. He added that the High Court has no power to issue orders against international tribunals.

Former SC spokesperson and University of the Philippines (UP) College of Law professor Theodore Te also earlier said that the High Court cannot look at the issue of ICC jurisdiction, review the ICC warrant, the manner the warrant was enforced, as well as Duterte’s detention. – Rappler.com