ERMITA, Manila — With government authorities convinced that former president Rodrigo Roa Duterte's case is now moot and devoid of merit, the Supreme Court (SC) is being urged to junk the consolidated habeas corpus petitions filed by the children of the former chief executive since he is already out of Philippine jurisdiction.

In its 33-page consolidated compliance, the Department of Justice (DoJ), which stepped in as state counsel after the Office of the Solicitor General (OSG) recused itself from the case, said the petitions are already moot because the government “no longer have legal and physical custody” of Duterte.

The justice department noted that a writ of habeas corpus is only enforceable within the Philippines and since Duterte is already under custody of the International Criminal Court at the Scheveningan detention facility in The Hague in the Netherlands, “there is physical impossibility of the writ being implemented in the first place.”

“Clearly, therefore, since the relief prayed for could no longer be granted, the consolidated petitions are already moot and academic, warranting their outright dismissal by the Honorable Court,” it pointed out.
The DoJ added that the writ of habeas corpus also does not apply in the case of Duterte because the former president was arrested based on a legitimate warrant issued by the ICC and under Philippine law, the writ only protects individuals from illegal detention, not those under lawful arrest.

“The writ exists to relieve persons from unlawful restraint. It is not issued when the person is in custody because of a judicial process or a valid judgment,” it said.

Section 17 of Republic Act 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity, was likewise cited, which allows Philippine authorities to surrender suspects to international tribunals like the ICC.

“In surrendering (Duterte) to the ICC, the government opted to dispense with local investigation or prosecution in favor of the ICC proceedings,” it said.

The government also invoked the political question doctrine, by asserting that the decision to cooperate with the International Criminal Police Organization (Interpol) and comply with international obligations rests with President Ferdinand 'Bongbong' Marcos Jr. as the chief architect of foreign policy, saying such matters are beyond the courts’ power to review.