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The seat of the Supreme Court of the Philippines in Manila.
Philstar.com / EC Toledo
MANILA, Philippines — The family and allies of arrested former president Rodrigo Duterte rushed to his rescue within 48 hours of his arrest.
However, the former president boarded the plane en route to The Hague on the evening of Tuesday, March 11, even though a temporary restraining order against the arrest was filed.
On March 14, the former president was formally charged in the International Criminal Court’s (ICC) pre-trial chamber, leading some international law experts to call the petitions in aid of Duterte moot.
The Supreme Court consolidated the three habeas corpus petitions filed by Duterte’s children on March 12 and 13.
Below are the petitions filed in support of the arrested former president:
Bato and Rody petition
The first petition was filed hours before Duterte was apprehended at the Ninoy Aquino International Airport.
The petitioners are the former president and Sen. Bato Dela Rosa, the chief implementor of Duterte’s drug war.
RELATED: After being ‘unbothered,’ Tokhang chief Dela Rosa admits fear of going to jail
The petition asked the Supreme Court to compel the government from taking any further actions related to the case lodged in the ICC.
Specifically, they requested the immediate suspension of any cooperation with the international tribunal, including sharing evidence, documents, or intelligence.
They also asked the high court to declare the government’s cooperation with the ICC unconstitutional.
It can be recalled that in July last year, Dela Rosa was one of the Philippine National Police officials who were tagged as “suspects” for the alleged crimes committed during the Duterte administration's anti-narcotics campaign.
RELATED: Buzzer beater: Duterte, Bato file petition challenging ICC arrest before SC
Veronica Duterte
Veronica Duterte, also known as “Kitty,” filed a habeas corpus petition for his father on March 12.
She urged the high court to issue a writ of habeas corpus, compelling authorities to "produce the body" of the former president and explain the "cause of his imprisonment or restraint."
According to the lawyer who filed the petition, former presidential spokesperson Salvador Panelo, the petition argued that the international tribunal has no jurisdiction over Rodrigo, asserting that the ICC only intervenes in countries without a functioning justice system.
RELATED: Kitty Duterte files habeas corpus petition to bring back arrested dad
Baste Duterte
Kitty's elder brother, Davao City Mayor Sebastian Duterte, also filed another habeas corpus petition.
He argued that his father’s arrest and detention were unlawful and that he faced an unauthorized transfer to the ICC.
Sebastian also argued that the ICC lacks jurisdiction over the Philippines, as the country withdrew from the Rome Statute on March 17, 2019.
He also 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.
The Davao City mayor also raised the alleged forced transfer and medical neglect for his father.
He said that his father was deprived of adequate medical care and visitation rights and was forcibly removed from the country without his consent.
RELATED: Baste Duterte seeks Supreme Court order to free father
Pulong Duterte
Rep. Paolo "Pulong" Duterte (Davao, 1st District) also filed a habeas corpus petition on March 12. The petition was filed through the firm of lawyer Harry Roque.
Pulong also raised that the international tribunal has no jurisdiction over the country and that the cooperation of the Philippine government is “unconstitutional and illegal.”
He also asked the government to release his father in detention from the Hague.
RELATED: Pulong Duterte files fourth petition challenging father's arrest
