Former presidential spokesperson Harry Roque on Monday said he has filed a Memorandum before the Supreme Court (SC) on behalf of Davao City 1st District Rep. Paolo Duterte.
In a statement, Roque said the memorandum summarizes the legal arguments in the consolidated cases arising from the arrest and surrender of former President Rodrigo Duterte to the International Criminal Court (ICC).
“Today, we filed the Memorandum required by the Supreme Court, setting out in full why the arrest and continued detention of former President Rodrigo Duterte are unconstitutional and illegal,” Roque said.
He claims that the case before the High Tribunal is not moot, noting that the “deprivation of liberty is ongoing” such that the SC “can still rule on the legality of the arrest”.
Further, he argued that the ICC no longer has jurisdiction in the country since its withdrawal from the Rome Statute in 2019.
“Once the withdrawal took effect, all obligations to cooperate ceased. Any enforcement of an ICC warrant after that point violates Philippine sovereignty and the Constitution,” he said.
“Republic Act No. 9851 remains fully operative. Philippine courts have primary and exclusive jurisdiction over crimes allegedly committed within Philippine territory. The ICC is, at best, complementary — and complementarity cannot survive withdrawal,” he added.
Roque underscored that the Executive cannot unilaterally waive jurisdiction or surrender a Filipino citizen absent a valid treaty or legislative authority.
He concluded that the SC’s ruling will have implications beyond the present case.
In December, Roque claimed that the arrest warrant against Sen. Ronald Dela Rosa is already out.
Ombudsman Jesus Crispin Remulla was the first to disclose the development.
For his part, Prosecutor General Richard Fadullon said he believes the SC should first resolve the pending petitions before executing the arrest warrant against Sen. Bato dela Rosa.
