DOJ: Duterte habeas suit ‘moot,’ lacks merit

Department of Justice (File Photo By Ramon FVelasquez – Own work/Wikimedia Commons, CC BY-SA 3.0)

By Benjamin Pulta, Philippine News Agency

MANILA – The Department of Justice (DOJ) has asked the Supreme Court to deny the writ of habeas corpus sought by the children of former president Rodrigo Duterte for being moot and lacking merit.

In its consolidated compliance filed by mail on March 17, the DOJ noted that the ultimate purpose of the writ of habeas corpus is “to relieve a person from unlawful restraint.”

“The writ exists as a speedy and effectual remedy to relieve persons from unlawful restraint and as an effective defense of personal freedom. It is issued only for the lone purpose of obtaining relief for those illegally confined or imprisoned without sufficient legal basis. It is not issued when the person is in custody of a judicial process or a valid judgment,” it said.

“The petition for writ of habeas corpus is already moot because respondents no longer have legal and physical custody of FPRRD,” the DOJ said.

The respondents in the petitions include Justice Secretary Jesus Crispin Remulla, Executive Secretary Lucas Bersamin, Interior Secretary Jonvic Remulla, and Philippine National Police chief Gen. Rommel Marbil.

Duterte was arrested on Tuesday last week after the International Criminal Police Organization (Interpol) served the arrest warrant issued by the International Criminal Court (ICC).

He was sent to The Hague, The Netherlands on the same day.

The DOJ reiterated that in extending assistance to Interpol, the Philippine government, led by President Ferdinand R. Marcos Jr., “is merely complying with its international obligations and performing his role as the chief architect of the country’s foreign policy.”

In an interview with reporters, Remulla said asking the ICC to bring back Duterte might not be possible as the arrest was already a “done deal.”

He also said that the Philippine government’s investigations into extrajudicial killings (EJKs) would continue, as Duterte himself, on numerous occasions in the past, has said he is willing to face the charges against him.

“Tuloy tuloy yun (It continues), we’ve been doing our work on the EJKs, it’s slow grinding police work, law enforcement work that we have to pick up because the reports are not complete. We just have to recreate many of the records and many of the things that happened,” Remulla said.

“Basta tayo (For us), as a country we should remain united in the spirit of justice. We just want justice to be done to all concerned. Whether they are victims or they are the ones who perpetrated injustice, then let justice be done. That should unite us as a country. Gusto natin lahat ng hustisya (We all want justice).”

Meanwhile, the Supreme Court said Tuesday it has taken up the habeas petition and has directed the Duterte children to file a “traverse” on the government’s position.

“The SC directed petitioners Sebastian Duterte, Veronica Duterte, and Paolo Duterte to personally file a traverse in response to the Consolidated Compliance within a non-extendible period of five days from receipt of notice,” SC spokesperson Camille Ting said.