The Duterte siblings have asked the Supreme Court to compel government officials to facilitate the return of former President Rodrigo Duterte to the Philippines, reiterating that the issues surrounding his arrest last year are “not moot.”
In a 66-page memorandum dated January 5, Davao City 1st District Representative Paolo Duterte—through counsel Harry Roque—argued that their petitions “must survive” since the former leader remains detained in The Hague. Roque described Duterte’s continuing detention as unconstitutional and illegal.
“There is an actual case or controversy which this Honorable Court needs to resolve,” the document read. “This Honorable Court may still declare the arrest and deprivation of liberty of FPRRD as illegal and unconstitutional.”
Rep. Duterte asked the Court to issue a writ of habeas corpus to discharge his father from detention and annul government acts affirming cooperation with the ICC and Interpol. He also urged the Court to “prohibit respondents from cooperating with the ICC and Interpol relating to the application of the Rome Statute in the Philippines.”
The memorandum stressed that Duterte was “extradited and surrendered” illegally, with procedures not followed and constitutional rights violated. It further argued that cooperation with Interpol must align with domestic law.
In a Facebook post, Roque emphasized that the ICC no longer has jurisdiction after the Philippines’ 2019 withdrawal from the Rome Statute.
“The deprivation of liberty is ongoing. This case is not moot. The Supreme Court can still rule on the legality of the arrest and the acts of cooperation that led to it,” he said.
Roque added: “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.”