Du30, Dela Rosa run to SC—but no TRO Vs Arrest
Hours after his arrest on Tuesday, former President Rodrigo Duterte made a last-minute appeal to the Supreme Court for him to be “immediately released” and to stop the government from assisting the International Criminal Court (ICC) in its investigation into his brutal drug war.
In a petition for certiorari and prohibition—filed three minutes before the end of office hours—Duterte and Sen. Ronald dela Rosa, police chief during the former president’s term, urged the high tribunal to issue a temporary restraining order (TRO) barring government officials and anyone acting under their authority from allowing ICC personnel to enter the country, facilitating their activities, or cooperating with their investigation into the antidrug campaign.
But as night fell, no TRO came—and the chartered plane carrying Duterte took off for The Hague, the Netherlands, shortly after 11 p.m.
The petition named Executive Secretary Lucas Bersamin, Justice Secretary Jesus Crispin Remulla, Interior Secretary Jonvic Remulla, Police Gen. Rommel Marbil and Major Gen. Nicolas Torre III, Solicitor General Menardo Guevarra, former Immigration Commissioner Norman Tansingco, Foreign Secretary Enrique Manalo, and Armed Forces of the Philippines chief of staff Gen. Romeo Brawner Jr. as respondents.
The 94-page petition, filed by lawyer Israelito Torreon, asked the Supreme Court to prohibit the respondents from enforcing or assisting in the execution of any ICC-issued warrant, summons, or request against Duterte or any other individuals under investigation.
It also sought to prevent authorities from coordinating with the International Criminal Police Organization (Interpol) or foreign law enforcement agencies regarding red notices or legal actions related to the ICC’s probe into the Philippines.
“If already arrested,” the petitioners requested the court to “order the petitioners or any other individuals in connection with the ICC’s investigation be immediately released.”
Lack of jurisdiction
The Supreme Court immediately conducted a special raffle to assign the case to a member in charge, who will then recommend an action to the court.
“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’s spokesperson, Camille Ting, said in a statement, referring to Alexander Gesmundo.
Thirteen of the 15 Supreme Court justices were appointed by Duterte, with only Senior Associate Justice Marvic Leonen and Associate Justice Alfredo Benjamin Caguioa taking their posts during the term of former President Benigno Aquino III.
In their petition, Duterte and Dela Rosa argued that the ICC had no jurisdiction over the Philippines because the country withdrew from the Rome Statute on March 17, 2019.
They asserted that the ICC’s preliminary examination before the withdrawal did not qualify as a “matter under consideration” under Article 127(2) of the Rome Statute.
Since no formal judicial proceedings were authorized before the withdrawal, they claimed the ICC’s continued investigation was illegal.
“The preliminary examination was still within the discretionary power of the OTP (Office of the Prosecutor), which is not equivalent to the judicial proceedings required to sustain ICC jurisdiction post-withdrawal,” they said.
The petitioners further argued that allowing ICC investigators, Interpol and other relevant agencies to enter the Philippines to probe the drug war and execute arrest warrants constituted a “direct violation of the country’s sovereignty and is therefore unconstitutional.”
“This Honorable Court, as the ultimate guardian of the Constitution, must intervene now to protect the nation from unlawful foreign interference, uphold the supremacy of Philippine law, and reaffirm that no external body can dictate the administration of justice within the sovereign territory of the Republic of the Philippines,” they said.
