Kitty Duterte asks SC to set oral arguments for petitions seeking dad's release

Veronica "Kitty" Duterte has filed a motion asking the Supreme Court (SC) to set the oral arguments for the consolidated petitions seeking the release of former President Rodrigo Duterte, who is under custody of the International Criminal Court (ICC) in The Hague, Netherlands.

In a 14-page petition filed on Monday, the younger Duterte argued that their consolidated petitions for habeas corpus presents exigent constitutional issues, novel legal questions, and is a matter of transcendental importance and significant public interest.

"The outcome of these petitions could influence public trust in the Judiciary, and the accountability of high-ranking officials," Duterte said.

"Oral arguments would provide a transparent platform for this Honorable Court to address the important legal and constitutional issues inherent in this case, and the broader implications thereof, ensuring that the legal reasoning behind its eventual ruling is fully articulated and understood by the public," she added.

In their consolidated petitions, Kitty and her half-brothers Davao City Mayor Sebastian "Baste" Duterte and Davao City Representative Paolo "Pulong" Duterte argued that their father could not have been arrested based on an ICC warrant as the international tribunal allegedly has no jurisdiction over the Philippines.

For its part, the government argued that the petition is moot and lacks merit as officials no longer have legal and physical custody of the former president.

Further, the government also 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. Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court."

Kitty stressed that the petitioners and the respondents presented divergent positions.

"Oral arguments would allow this Honorable Court to test the strength of these opposing and conflicting claims, seek clarification on legal ambiguities, and resolve inconsistencies through direct questioning of the parties' counsels," she said.

The Duterte patriarch was arrested on March 11 and made his first appearance before the ICC on March 14 for charges of crimes against humanity over the Philippines' drug war allegedly implemented under his leadership.

The ICC hearing on the confirmation of charges has been set for September 23. — VDV, GMA Integrated News