PH officials to SC: No unlawful restraint in Duterte arrest

Philippine officials, through the Department of Justice (DOJ), have asked the Supreme Court (SC) to deny the petitions filed by the Duterte siblings seeking the release and return of their father, former President Rodrigo Duterte.

In a 33-page consolidated compliance, the DOJ asked the SC to deny the consolidated petitions for habeas corpus for being moot and lacking merit.

The DOJ argued that the petition is already moot as the officials no longer have legal and physical custody of the former president.

“Moreover, Section 2, Rule 102 of the Rules of Court, provides that a writ of habeas corpus is only enforceable within the Philippines,” it said.

“In light of FPRRD being already in the Netherlands, there is physical impossibility of the writ being implemented in the first place,” it added.

In their petition, Veronica "Kitty" Duterte, Davao City Mayor Sebastian "Baste" Duterte, and Davao City Representative Paolo "Pulong" Duterte sought a writ of habeas corpus to secure the release of the former president from his detention. 

The elder Duterte is currently detained in The Hague, Netherlands.

The DOJ also said that a writ of habeas corpus is to relieve a person from unlawful restraint. 

It said that there was no “unlawful restraint, illegal confinement or imprisonment without sufficient legal basis” of the former president.

The DOJ also said that there was an arrest warrant issued against Duterte by the International Criminal Court (ICC).

It cited Section 17 of the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, which states that the Philippines may dispense with the investigation or prosecution of a case “if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime.” 

“This action of the [government] all the more becomes more relevant in light of the several pronouncements of FPRRD as to his willingness to submit to the ICC's investigation into his war on drugs,” it said.

Meanwhile, the DOJ said that the cooperation given by the government to the International Criminal Police Organization (Interpol) in serving the warrant is not subject to judicial review, arguing that it is a political question. 

It said that the president has the authority to deal with foreign governments, extend or withhold recognition, maintain diplomatic relations, and enter into treaties, among others.  

“Thus, in extending assistance to the Interpol, the [government], led by the president, is merely complying with its international obligations and performing his role as the chief architect of the country’s foreign policy,” it said.

“This, naturally, is well within the President’s discretion to do so, and the exercise thereof is patently a political question, which is beyond the review power of the courts,” it added.

Malacañang previously said it was the prerogative of the Philippine government to comply with its Interpol commitments, while the DOJ reiterated that the country remains an Interpol member despite its ICC withdrawal.

Justice Secretary Jesus Crispin Remulla earlier said that Dutere’s return to the Philippines was unlikely as he was already in The Hague. 

The DOJ answered the petitions after the Office of the Solicitor General declined to represent the government due to its firm stance that the ICC has no jurisdiction over the Philippines.

Duterte allies

Meanwhile, several senatorial candidates from Duterte's PDP-Laban party issued statements backing the former leader.

"Kahit mabigat sa kalooban ko ang sitwasyon ngayon ni dating Pangulong Duterte, ang bilin niya sa akin ay ituloy ang pagtulong sa kapwa. Hindi ako titigil na ipaglaban ang mas maayos at abot-kayang serbisyong medikal para sa ating mga kababayan," Senator Bong Go said during the inauguration of a Super Health Center in Alcala, Pangasinan. 

(Even though former President Duterte’s current situation weighs heavily on me, he instructed me to continue helping others. I will not stop fighting for better and more affordable medical services for our fellow citizens.)

The senator has been actively championing healthcare initiatives, including the establishment of Super Health Centers in various provinces. These facilities aim to bring essential medical services, especially to underprivileged communities in remote areas.

Another senatorial hopeful, Dr. Richard Mata, took to social media to share his admiration for former President Duterte, reminiscing about a moment they shared before Duterte announced his candidacy for president years ago.

"Marami po akong photos na tinaas ang kamay ko ni Tatay pero ito po ang paborito ko. Kasi personal ito sa akin... Noon pa lang, ramdam na ang clamor ng tao para sa kanya," Mata recalled. (I have many photos where Tatay raised my hand, but this one is my favorite. It’s personal to me... Even back then, you could feel the people's clamor for him.)

Fellow senatorial aspirants have also been vocal about their political stances.

Candidate Jayvee Hinlo, in a Facebook post, shared his opposition to the impeachment of Vice President Sara Duterte during a forum at the University of the Philippines Diliman on March 15, 2025.

"Ako lang po ang nag-iisang 'NO' sa impeachment ni VP Sara. Tama lang po ang sagot kong 'NO' dahil nag-violate ng equal protection of laws ang mga Congressmen. Bukod pa ito sa rason na hindi pa siya nalilitis at nakapagpresenta ng depensa, na isang karapatan sa ilalim ng ating Saligang Batas," Hinlo explained. 

(I was the only one who voted 'NO' on the impeachment of VP Sara. My answer was correct because the congressmen violated the equal protection of laws. Apart from that, she has not yet undergone trial nor presented her defense, which is a right guaranteed under our Constitution.)—NB/VBL, GMA Integrated News