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File photo shows former President Rodrigo Duterte and Sen. Ronald dela Rosa.
Alfred Frias / Presidential Photo
MANILA, Philippines (Updated 6:20 p.m.) — The Supreme Court has not issued an immediate temporary restraining order (TRO) on the arrest of former President Rodrigo Duterte or on the Philippine government’s cooperation with the International Criminal Court (ICC).
According to a statement from the Supreme Court’s Office of the Spokesperson, the petitioners—Duterte and Sen. Ronald "Bato" Dela Rosa—have been directed to submit their respondents’ comments within a non-extendible 10-day period.
"After a virtual deliberation on the 94-page petition, the SC found that the petitioners failed to establish a clear and unmistakable right for the immediate issuance of a TRO," the spokesperson’s office said in a statement.
The office also confirmed that the following petitions related to Duterte’s case were included in a special raffle.
"Upon the order of the Chief Justice for a special raffle, both petitions have been raffled to a Member-in-Charge for appropriate action," the office added.
When asked if there is still a possible for the TRO to be granted, Supreme Court Spokesperson Camille Ting said: It's still a possibility.
Philstar.com has reached out to Duterte’s lawyer, Israelito Torreon, for comment, but he has yet to respond.
The petitions
Three petitions challenging Duterte’s arrest have been filed before the Supreme Court.
The first petition, filed by Torreon, sought to declare the government's cooperation with the ICC unconstitutional. It also asked the Supreme Court to prevent authorities from taking further actions related to the case.
The two other petitions, separately filed by Duterte’s children—Veronica and Sebastian—sought a writ of habeas corpus, compelling authorities to "produce the body" of the former president and explain the cause of his detention.
Duterte’s arrest
Duterte was arrested on the morning of March 11 upon landing at Ninoy Aquino International Airport Terminal 3 from Hong Kong.
The ICC’s pre-trial chamber cited Duterte’s "alleged criminal responsibility" for crimes against humanity (murder), linked to extrajudicial killings under his administration.
The charges cover incidents between Nov. 1, 2011, and March 16, 2019.
According to Philippine government records, Duterte’s war on drugs resulted in around 6,000 deaths.
However, human rights groups estimate the actual death toll could be as high as 30,000, with most victims being small-time drug users and pushers.
