TRO petition vs Duterte arrest raffled off; no decision yet: Supreme Court | ABS-CBN

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TRO petition vs Duterte arrest raffled off; no decision yet: Supreme Court

TRO petition vs Duterte arrest raffled off; no decision yet: Supreme Court

ABS-CBN News

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MANILA -- The Supreme Court on Tuesday said it has raffled off the petition for Temporary Restraining Order filed by former president Rodrigo Duterte and Senator Ronald Dela Rosa, in relation to the arrest warrant issued by the International Criminal Court (ICC).

In a statement, the Supreme Court said a special raffle has been conducted due to the significance of the case.

"Given the significance of this case and upon the Chief Justice's instructions, a special raffle has been conducted pursuant to Rule 7, Section 7 of the Internal Rules of the Supreme Court," it added.

Meanwhile, lawyer Israelito Torreon filed a petition for certiorari with a request for temporary restraining order against the government for the immediate release of former President Rodrigo Duterte.

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The petitioners are Duterte and Senator Ronald Dela Rosa while the respondents are led by Executive Secretary Lucas Bersamin.

Torreon asked the Supreme Court to declare as unconstitutional all the acts of government agencies, including the Philippine National Police and the Department of Justice, concerning Duterte.

“We are requesting, we are earnestly praying that the honorable Supreme Court grant us a temporary restraining order to prevent the Philippine government, the respondents from cooperating with the ICC and to release outright from custody our beloved form Pres Rodrigo Duterte on the ground that his detention is illegal, unconstitutional and no basis under the law,” Torreon said.

The petition anchored its arguments on the view that the Philippine is no longer a signatory of the Rome Statute and is no longer under the jurisdiction of the International Criminal Court because of the withdrawal in 2019 by Duterte.

The petition also noted that the International Criminal Police Organization is “voluntary law enforcement network” and has no judicial authority.

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“Sa pinakamadaling salita, we enjoy sovereignty, we have territorial sovereignty and therefore we have to be governed by our own laws, exception lang iyan kung pumasok tayo sa treaty katulad ng Rome Statute eh nag-withdraw na po tayo doon,” Torreon said.

Duterte was arrested by police officers on Tuesday acting on a warrant from the International Criminal Court (ICC) over his war on drugs, shortly after he arrived in the Philippines from Hong Kong.

Duterte, 79, faces a charge of "the crime against humanity of murder", according to the ICC, for the crackdown in which rights groups estimate tens of thousands of mostly poor men were killed by officers and vigilantes, often without proof they were linked to drugs.

The Presidential Communications Office said the INTERPOL Manila received the official copy of warrant of arrest from ICC before dawn on Tuesday.

The Prosecutor General served the ICC notification for the arrest warrant on Duterte for alleged crimes against humanity after he landed at the Ninoy Aquino International Airport, the PCO said.

- with a report from Adrian Ayalin, ABS-CBN News

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