The Supreme Court has declined to immediately issue a temporary restraining order on the arrest warrant issued by the International Criminal Court against former President Rodrigo Duterte.
“After a virtual deliberation on the 94-page petition, the High Court found that the petitioners failed to establish a clear and unmistakable right for the immediate issuance of a TRO,” the High Court said in a statement on Wednesday.
SC spokesperson Camille Ting, however, said the issuance of a TRO was “still a possibility.”
“(T)he SC has directed the respondents to comment on the petition with prayer for TRO and/or writ of preliminary injunction within a non-extendible period of 10 days from notice,” it added.
The petition, filed by Duterte and Senator Ronald dela Rosa Tuesday, was raffled to a justice member-in-charge and uploaded to the SC website.
Former Supreme Court Senior Associate Justice Antonio Carpio the TRO petition may already be moot and academic since Duterte has already left for Rotterdam.
International Center for Transitional Justice lawyer Ruben Carranza added: “You only restrain something that has not been done.”
“Filipinos should understand that this is not an exceptional set of circumstances in the Philippines. This has happened in other countries where the ICC has been involved and there have been other heads of state or former presidents who have been arrested using a warrant of arrest from the ICC,” he told ANC.
The Supreme Court also received Wednesday two petitions for the writ of habeas corpus for the former President, filed separately by his son Davao City Mayor Sebastian Duterte and daughter Veronica.
“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 court said.
The petitions claimed the Philippine is no longer a signatory of the Rome Statute and is no longer under the jurisdiction of the ICC because of the withdrawal in 2019 by Duterte.
Legal counsel Salvador Panelo, together with his son Salvador Paolo, Jr., represented Veronica, Duterte’s youngest daughter, in the filing.
“In simple words, the arrest was illegal. They kidnapped a citizen of this country without any basis,” Veronica’s legal counsel Salvador Panelo said.
“Even under our extradition treaty, before you arrest someone who is supposed to be handed over to another country that is asking for your help, you have to go through a process. You have to file a local court to give the person you are arresting a chance which clearly did not happen in this case,” he added.
Among the respondents of the habeas corpus petition include Executive Secretary Lucas Bersamin, Justice Secretary Jesus Crispin Remulla, Philippine National Police chief Rommel Marbil, and PNP-CIDG chief Maj. Gen. Nicolas Torre III.
The Palace, however, said the habeas petition may no longer have bearing since Duterte is already out of the country.
“Normally, if the subject is already brought outside the country, the issue becomes moot and academic…But it still depends on the Supreme Court. We cannot preempt its decision,” Palace Press Officer and Communications Undersecretary Claire Castro said.
Duterte was arrested at NAIA Terminal 3 Tuesday morning and left the country in the evening to face charges of crimes against humanity before the ICC, which is based in The Hague in the Netherlands.