Duterte camp insists to SC: Former President 'abducted' | ABS-CBN
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Duterte camp insists to SC: Former President 'abducted'
Duterte camp insists to SC: Former President 'abducted'
Rodrigo Duterte's initial appearance before the Pre-Trial Chamber I of the International Criminal Court at The Hague in the Netherlands on March 14, 2025. Handout/ICC via Flickr
Rodrigo Duterte's initial appearance before the Pre-Trial Chamber I of the International Criminal Court at The Hague in the Netherlands on March 14, 2025. Handout/ICC via FlickrMANILA (UPDATED) — The camp of former President Rodrigo Duterte insisted Tuesday before the Supreme Court (SC) that he was “abducted” and that a local law was not enough to authorize his transfer to the International Criminal Court (ICC) in The Hague, Netherlands.
MANILA (UPDATED) — The camp of former President Rodrigo Duterte insisted Tuesday before the Supreme Court (SC) that he was “abducted” and that a local law was not enough to authorize his transfer to the International Criminal Court (ICC) in The Hague, Netherlands.
Duterte's daughter Veronica, through her lawyer Salvador Paolo Panelo, filed the traverse comment before the SC.
Duterte's daughter Veronica, through her lawyer Salvador Paolo Panelo, filed the traverse comment before the SC.
It was noted that RA No. 9851 or the Philippine International Humanitarian Law was signed into law in 2009 while the Rome Statute was transmitted to the Senate for concurrence in 2011.
It was noted that RA No. 9851 or the Philippine International Humanitarian Law was signed into law in 2009 while the Rome Statute was transmitted to the Senate for concurrence in 2011.
The younger Duterte further argued that when RA No. 9851 was being deliberated in the Senate, the Rome Statute was not yet in force in the Philippines and the ICC had yet to acquire its “complimentary jurisdiction.”
The younger Duterte further argued that when RA No. 9851 was being deliberated in the Senate, the Rome Statute was not yet in force in the Philippines and the ICC had yet to acquire its “complimentary jurisdiction.”
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“Clearly, the respondents weaponized the ICC, and violated FPRRD’s (former President Rodrigo Roa Duterte) fundamental rights, for what appears to be political gain,” Duterte said.
“Clearly, the respondents weaponized the ICC, and violated FPRRD’s (former President Rodrigo Roa Duterte) fundamental rights, for what appears to be political gain,” Duterte said.
It was also stressed in the comment that when the request of the ICC prosecutor for an investigation on the situation in the Philippines happened on May 24, 2021, the Philippines was no longer a party to the Rome Statute because the withdrawal became effective on March 17, 2019.
It was also stressed in the comment that when the request of the ICC prosecutor for an investigation on the situation in the Philippines happened on May 24, 2021, the Philippines was no longer a party to the Rome Statute because the withdrawal became effective on March 17, 2019.
The Department of Justice has previously said that the government followed due process in serving the ICC warrant to Duterte, including the reading of his Miranda rights and explaining why he is being arrested.
The Department of Justice has previously said that the government followed due process in serving the ICC warrant to Duterte, including the reading of his Miranda rights and explaining why he is being arrested.
"Ibinigay talaga ang lahat ng palugit kay President Duterte at sa kanyang mga kasamahan. Ginalang namin ang kanyang lahat ng karapatan bilang dating pangulo. Sa dulo, tahimik at tinanggap ang kalagayan na dapat talagang maipatupad ang warrant of arrest at maisakay siya sa eroplano papunta sa The Hague," Justice Undersecretary Nicholas Felix Ty said in the wake of Duterte's arrest.
"Ibinigay talaga ang lahat ng palugit kay President Duterte at sa kanyang mga kasamahan. Ginalang namin ang kanyang lahat ng karapatan bilang dating pangulo. Sa dulo, tahimik at tinanggap ang kalagayan na dapat talagang maipatupad ang warrant of arrest at maisakay siya sa eroplano papunta sa The Hague," Justice Undersecretary Nicholas Felix Ty said in the wake of Duterte's arrest.
"Hindi pinwersa, hindi namin kinalimutan na siya ang dating pangulo, may edad na. Sinigurado namin na tahimik at marahan ang proseso."
"Hindi pinwersa, hindi namin kinalimutan na siya ang dating pangulo, may edad na. Sinigurado namin na tahimik at marahan ang proseso."
President Ferdinand Marcos Jr also said that the country was merely cooperating with the Interpol when it turned over the former president.
President Ferdinand Marcos Jr also said that the country was merely cooperating with the Interpol when it turned over the former president.
Justice Secretary Jesus Crispin Remulla on Tuesday refused to comment in detail on the response of Veronica Duterte.
Justice Secretary Jesus Crispin Remulla on Tuesday refused to comment in detail on the response of Veronica Duterte.
"No comment, no comment muna, kasi ano yan, subjudice, I think we should respect the means and bounds by which we will hear the cases in the Supreme Court so it’s not good to comment on these matters," he said.
"No comment, no comment muna, kasi ano yan, subjudice, I think we should respect the means and bounds by which we will hear the cases in the Supreme Court so it’s not good to comment on these matters," he said.
However, he strongly denied that the former president was "abducted." "That's a semantic phraseology that is very biased, we cannot operate that way because clearly they are already under competent judicial authority with the ICC tribunal hearing the cases," he said,
However, he strongly denied that the former president was "abducted." "That's a semantic phraseology that is very biased, we cannot operate that way because clearly they are already under competent judicial authority with the ICC tribunal hearing the cases," he said,
BURUNDI CASE
Duterte stressed that in the case of Burundi, the request for authorization for investigation happened before the country’s withdrawal took effect.
Duterte stressed that in the case of Burundi, the request for authorization for investigation happened before the country’s withdrawal took effect.
Attached to the comment of Duterte was a copy of the decision of the dissenting judges in the ICC, Judge Perrin De Brichambaut and Judge Gocha Lordkipanidze, who said that the Pre-Trial Chamber which issued the arrest warrant “erred in law” by concluding that the ICC still has jurisdiction over Duterte.
Attached to the comment of Duterte was a copy of the decision of the dissenting judges in the ICC, Judge Perrin De Brichambaut and Judge Gocha Lordkipanidze, who said that the Pre-Trial Chamber which issued the arrest warrant “erred in law” by concluding that the ICC still has jurisdiction over Duterte.
“Since the ICC failed to timely exercise its jurisdiction, it had no legal authority whatsoever to continue its investigation in the Philippine situation, let alone issue the warrant of arrest implemented by the respondents against FPRRD,” Duterte said.
“Since the ICC failed to timely exercise its jurisdiction, it had no legal authority whatsoever to continue its investigation in the Philippine situation, let alone issue the warrant of arrest implemented by the respondents against FPRRD,” Duterte said.
OSG RECUSAL
Duterte also brought up the recusal of Solicitor General Menardo Guevarra to represent respondent Philippine government officials on the belief that the ICC has no jurisdiction over her father.
Duterte also brought up the recusal of Solicitor General Menardo Guevarra to represent respondent Philippine government officials on the belief that the ICC has no jurisdiction over her father.
“The OSG’s recusal is therefore clear indication that FPRRD’s abduction and transfer to The Hague pursuant to the ICC warrant of arrest is illegal and indefensible,” Duterte said.
“The OSG’s recusal is therefore clear indication that FPRRD’s abduction and transfer to The Hague pursuant to the ICC warrant of arrest is illegal and indefensible,” Duterte said.
Duterte also emphasized on the “worn-out excuse” of the government that while it is not recognizing the ICC, the arrest warrant was effected by the International Criminal Police Organization or Interpol.
Duterte also emphasized on the “worn-out excuse” of the government that while it is not recognizing the ICC, the arrest warrant was effected by the International Criminal Police Organization or Interpol.
“It shall suffice to cite the Latin maxim” nemo potest face per alium quod no potest facere per dicrectum. No one is allowed to do indirectly what he is prohibited to do directly,” Duterte said.
“It shall suffice to cite the Latin maxim” nemo potest face per alium quod no potest facere per dicrectum. No one is allowed to do indirectly what he is prohibited to do directly,” Duterte said.
Justice Secretary Remulla stressed that as far as the Philippine government is concerned, they were able to lay down the legality of their actions in relation to the arrest and transfer of the former President to The Hague.
Justice Secretary Remulla stressed that as far as the Philippine government is concerned, they were able to lay down the legality of their actions in relation to the arrest and transfer of the former President to The Hague.
"Wala, I think that we were able to give the legal basis for everything that happened on March 11 and I stand by everything we did," he said.
"Wala, I think that we were able to give the legal basis for everything that happened on March 11 and I stand by everything we did," he said.
NOT MOOT
Duterte also insisted that the petition for habeas corpus is not moot even if her father is already under the custody of the ICC.
Duterte also insisted that the petition for habeas corpus is not moot even if her father is already under the custody of the ICC.
She insisted that the Supreme Court can command respondent Philippine government officials to seek the return of her father.
She insisted that the Supreme Court can command respondent Philippine government officials to seek the return of her father.
“Finally, with respect to the supposed territorial limitations of the writ of habeas corpus, it shall suffice to reiterate that while the Honorable Court may not have jurisdiction over the ICC, the respondents certainly fall under its jurisdiction,” Duterte said.
“Finally, with respect to the supposed territorial limitations of the writ of habeas corpus, it shall suffice to reiterate that while the Honorable Court may not have jurisdiction over the ICC, the respondents certainly fall under its jurisdiction,” Duterte said.
Supreme Court Spokesperson Atty. Camille Ting said Davao City Mayor Sebastian Duterte and Davao City 1st District Rep. Paolo Duterte have also submitted their traverse comments Monday.
Supreme Court Spokesperson Atty. Camille Ting said Davao City Mayor Sebastian Duterte and Davao City 1st District Rep. Paolo Duterte have also submitted their traverse comments Monday.
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