Former President Rodrigo Duterte and his son Davao City Mayor Sebastian Duterte, October 6, 2019. King Rodriguez, Presidential Photo/File 

MANILA — Davao City Mayor Sebastian "Baste" Duterte filed Wednesday an urgent petition for habeas corpus for the immediate release of his father, former President Rodrigo Duterte, who was arrested on an International Criminal Court warrant tied to his war on drugs. 

His petition was filed almost the same time as the Supreme Court petition of his younger sister Veronica, which accused the government of "kidnapping" and demanded it be compelled to bring back their father. 

Kitty asks Supreme Court help to bring father Rodrigo Duterte back to PH

“This petition respectfully seeks the immediate and unconditional release of former President of the Republic of the Philippines Rodrigo Roa Duterte, who is presently being unlawfully detained and faces an imminent and unauthorized transfer to the International Criminal Court in the The Hague, Netherlands,” Mayor Duterte said in his petition.

He invoked the withdrawal of the Philippines from the Rome Statute in 2019, which terminated the ICC’s jurisdiction over the Philippines.

“The attempt to subject a Filipino citizen, particularly a former head of state, to foreign jurisdiction without due process under Philippine law constitutes an unprecedented assault on national independence and self-determination,” Duterte added.

Rodrigo Duterte and ICC: From years-long probe to 'unexpected' arrest

Respondents to the case include Executive Secretary Lucas Bersamin, Justice Secretary Jesus Crispin Remulla, Interior Secretary Jonvic Remulla, Philippine National Police Chief Gen. Rommel Marbil, Criminal Investigation and Detection Group chief MGen. Nicolas Torre, Solicitor General Menardo Guevarra, Foreign Affairs Secretary Enrique Manalo, and Armed Forces Chief of Staff Gen. Romeo Brawner.

Duterte alleged that government agencies deprived Duterte of adequate and sufficient medical care and visitation rights during his Monday arrest.

ARREST COMPLIED WITH STANDARDS: DOJ

The Department of Justice said its prosecutors had observed Duterte's arrest to ensure that it "complied with both local and international standards."

It added that enforcement authorities formally informed Duterte of his rights and the nature of the charges against him in accordance with Article 59 of the Rome Statute. 

“Moreover, due courtesy and consideration were accorded to the former President and his entourage in the course of the implementation,” the DOJ said.

It noted that Duterte's arrest warrant from the International Criminal Court was received by the Philippine Center for Transnational Crime through the International Criminal Police Organization or Interpol.

It added that cooperation with the Interpol was imperative.

“It is through INTERPOL that we are able to solve crime on a global scale – a trend that the Philippines has fallen victim to in many ways,” the agency said in a statement.

The DOJ noted that despite the withdrawal of the country from the Rome Statute and the ICC in 2019, the country remained a member of the Interpol.

The department added that under Philippine laws, the country may surrender suspected or accused persons to the appropriate international court for crimes.

“The former President was treated in accordance with the law, and all procedural safeguards were observed to protect his rights,” the DOJ said.

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