SC junks TRO petition vs. Duterte’s arrest

HEIGHTENED ALERT. Members of the Manila Police District’s Mobile Force Battalion secure the Supreme Court premises in Manila on Wednesday (March 12, 2025). The Philippine National Police is on heightened alert in anticipation of protest actions following the arrest of former president Rodrigo Duterte in connection with the International Criminal Court’s investigation into his administration’s bloody war on drugs. (PNA photo by Yancy Lim)

By Benjamin Pulta, Philippine News Agency

MANILA – The Supreme Court (SC) has turned down a petition for temporary restraining order (TRO) filed by former president Rodrigo Duterte and Senator Ronald dela Rosa in relation to the arrest warrant issued by the International Criminal Court (ICC) against the former chief executive.

“After a virtual deliberation on the 94-page petition, the SC found that the petitioners failed to establish a clear and unmistakable right for the immediate issuance of a TRO,” the SC said in a statement on Wednesday.

The court said it received the petition on Tuesday and it was raffled to a justice member-in-charge and uploaded to the SC website.

The SC also noted the very urgent manifestation with reiterative prayer for the issuance of a TRO and/or writ of preliminary injunction, which was electronically received at 11:17 p.m. that same day.

“(T)he SC has directed the respondents to comment on the petition with prayer for TRO and/or writ of preliminary injunction within a non-extendible period of 10 days from notice,” it said.

The court said it also received Wednesday two petitions for writ of habeas corpus for the former president, filed separately by his son Davao City Mayor Sebastian Duterte and daughter Veronica.

“Upon the order of the Chief Justice for a special raffle, both petitions have been raffled to a Member-in-Charge for appropriate action,” the court said.

The petitions claimed that the Philippines is no longer a signatory to the Rome Statute and is no longer under the jurisdiction of the ICC because of the withdrawal in 2019 by Duterte.

However, the government has clarified that even as the country has withdrawn from the Rome Statute, it is still bound to its duties as a member of the International Criminal Police Organization (Interpol), the international organization of police forces which plays a key role in going after fugitives.

Duterte was arrested at the Ninoy Aquino International Airport Terminal 3 in Pasay City on Tuesday morning and left the country late Tuesday night to face charges of crimes against humanity before the ICC, which is based in The Hague in the Netherlands.