Seeks dismissal of Duterte siblings’ petitions for being ‘moot, lacking merit’

The Department of Justice has stepped in to represent the government in the consolidated petitions for habeas corpus filed by the Duterte siblings following the earlier recusal of Solicitor General Menardo Guevarra.

The DOJ asked the High Court to deny the petitions for being moot and lacking merit, noting that the ultimate purpose of the writ of habeas corpus is “to relieve a person from unlawful restraint.”

“The writ exists as a speedy and effectual remedy to relieve persons from unlawful restraint and as an effective defense of personal freedom. It is issued only for the lone purpose of obtaining relief for those illegally confined or imprisoned without sufficient legal basis. It is not issued when the person is in custody of a judicial process or a valid judgment,” the DOJ said in its comment.

“The petition for writ of habeas corpus is already moot because respondents no longer have legal and physical custody of former President Rodrigo Duterte.”

Malacañang, for its part, said while there is no discussion yet on whether Guevarra would be replaced over his recusal, it is up to the SolGen to “assess” whether he should still remain in his position.

“There has been no discussion (on whether the SolGen will be replaced) because this happened only (Monday) last night,” Presidential Communications Office Undersecretary Claire Castro said.

“But perhaps it is better if the SolGen would assess himself whether he is still deserving to stand as Solicitor General,” she added.

Former Integrated Bar of the Philippines president Domingo Cayosa earlier called for Guevarra’s resignation.

“It would be very awkward because in the structure of our government, the OSG is the lawyer of the republic…I think the next step is for you (Guevarra) to let go or at least tender your resignation and leave it to the appointing power whether or not he will accept that,” Cayosa said.

Guevarra, however, maintained his decision to decline to represent government officials in the habeas corpus case was not personal despite having served as Justice secretary during the Duterte administration.

“The OSG represents the interest of the republic vis-a-vis the ICC and no other interest. Our recusal is not personal – it is institutional,” Guevarra said. “The OSG’s position will remain the same irrespective of the personalities involved. It is the Republic’s position.”

“The President alone can say if he still trusts me,” he added.

Asked if there is a possibility that Duterte may be returned to the Philippines, Justice Secretary Jesus Crispin Remulla said it was highly unlikely.

“It’s a done deal. He’s already there…We all heard the former President say that he will face the allegations against him, even before the ICC. So that’s that. He’s there,” he said.

SC spokesperson Camille Ting said the High Court has directed the Duterte siblings “to personally file a traverse in response to the consolidated compliance (DOJ comment) within a non-extendible period of five days from receipt of notice.”

Davao City Rep. Paolo Duterte, Davao City Mayor Sebastian Duterte, and Veronica Duterte filed the petitions for habeas corpus before the SC.

Among the respondents in the petitions were the Justice chief, Executive Secretary Lucas Bersamin, Interior Secretary Jonvic Remulla, Philippine National Police chief Gen. Rommel Marbil, and PNP Criminal Investigation and Detection Group Director Nicolas Torre III, among others.