MANILA – The Department of Justice (DOJ) has urged the Supreme Court to dismiss the habeas corpus petition filed by the children of former president Rodrigo Duterte, calling it moot and lacking merit.
In a filing dated March 17, the DOJ explained that the writ of habeas corpus is intended to address unlawful restraint. It stated that the petition was no longer valid since Duterte was no longer in custody of the respondents—Justice Secretary Jesus Crispin Remulla, Executive Secretary Lucas Bersamin, Interior Secretary Jonvic Remulla, and PNP chief Gen. Rommel Marbil—following his recent arrest.
“The writ is not issued when the person is in custody by judicial process or valid judgment,” the DOJ said. “The petition is moot because respondents no longer have legal or physical custody of FPRRD.”
Duterte was arrested last Tuesday after Interpol served an arrest warrant issued by the International Criminal Court (ICC). He was sent to The Hague, Netherlands, the same day.
The DOJ emphasized that the Philippine government’s assistance to Interpol was in line with its international obligations, and President Ferdinand Marcos Jr. is fulfilling his role in foreign policy.
Justice Secretary Remulla commented that it may not be feasible to reverse Duterte’s arrest, calling it a “done deal.” He further confirmed that the investigation into extrajudicial killings (EJKs) would continue.
“We will keep going with our work on the EJKs,” Remulla said. “This is slow, meticulous police work, but it must be done to ensure justice.”
The Supreme Court has taken up the habeas corpus petition and instructed the Duterte children—Sebastian, Veronica, and Paolo Duterte—to file a response within five days.
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