- Duterte’s son and daughter file petitions for habeas corpus after flight to Netherlands
MAYOR Sebastian Dutete and Veronica “Kitty” Duterte directed their legal counsels to file a petition for writ of habeas corpus before the Supreme Court on Wednesday morning, March 12, in the hopes of bringing their father back home.
Former President Rodrigo Duterte was whisked on a private jet to The Netherlands shortly after 11 p.m. on Wednesday, March 11, bound for Dubai for refueling before heading to The Hague to face the tribunal.
Kitty Duterte, represented by former presidential legal counsel Salvador Panelo, prayed for the High Court to oblige Executive Secretary Lucas Bersamin, Justice Secretary Jesus Crispin Remulla, PNP Director General Rommel Francisco Marbil, and Criminal Investigation and Detection Group chief Major General Nicolas Torre III to bring her father back to the Philippines.
The mayor filed an urgent petition for habeas corpus, arguing that Duterte’s detention by Philippine authorities for transfer to the ICC violated Philippine sovereignty and international law.
“It is evident that the detention and attempted transfer of Former President Rodrigo Roa Duterte constitute a grave violation of his fundamental rights under the 1987 Philippine Constitution, the principles of due process, and the sovereign authority of the Philippine judicial system,” the petition read.
A writ of habeas corpus is a legal remedy compelling the holding authority to bring the detained person before the court, which would then decide if the detention is legal or not.
In an interview with Unang Balita on Wednesday, Atty. Silvestre Bello, the former president’s legal counsel, said the petition for writ of habeas corpus may already be moot because Duterte, along with former executive secretary Salvador Meldiadea, already left the country’s airspace.
The same goes for the temporary restraining order filed by Atty. Israelito Torreon and Atty. Vic Rodriguez, which could no longer be enforced.
However, according to Duterte in his petition, the writ of habeas corpus stands as the “most immediate recourse to rectify his deprivation of liberty.”
