Former President Rodrigo Duterte leads the proclamation rally of the Partido Demokratiko Pilipino (PDP) at Club Filipino in Greenhills, San Juan City, on February 13, 2025. Maria Tan, ABS-CBN News/File 

MANILA — Veronica “Kitty” Duterte has asked the Supreme Court to set oral arguments on the consolidated petitions for habeas corpus for her father, former President Rodrigo Duterte who remained detained at The Hague, in the Netherlands.

In a motion filed by the younger Duterte through lawyer Salvador Panelo, the consolidated petitions presented “exigent Constitutional issues” on whether the Philippine government violated the rights of the former President by transferring him to The Hague without authority from a Philippine court.

Veronica’s petition for habeas corpus was consolidated by the court with the petitions separately filed by her brothers Sebastian and Paolo.

“Oral arguments would enable this honorable court to directly question the parties on these questions, and on the balance between the executive's discretion in foreign affairs and the judiciary's role in safeguarding constitutional rights and checks and balances, potentially setting a precedent for future cases involving individual liberties, the jurisdiction of foreign tribunals, and international cooperation,” Veronica Duterte said.

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She raised the unprecedented issue of whether or not the Philippine government could strip the Supreme Court of its power to issue a writ of habeas corpus by simply transferring a person to another country.

“Oral arguments would allow this Honorable Court to probe the jurisdictional limits of a writ of habeas corpus and the enforceability of its writ on respondents within this Honorable Court's jurisdiction, even when their actions extend beyond our national borders,” Duterte said.

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The petition was filed Monday via email with a hard copy of the petition to be filed Tuesday, according to Panelo.

Aside from possible violation of Article III of the 1987 Constitution or the Bill of Rights, the other proposed issues for the oral arguments include:

• - Whether or not the International Criminal Court has jurisdiction over crimes against humanity allegedly committed in the Philippines while it was still a state party to the Rome Statute.
• - Whether or not it was unconstitutional for the President to recognize the jurisdiction of the ICC
• - Whether or not the Rome Statute is ineffective or invalid in the Philippines due to its lack of publication in the Official Gazette
• - Whether or not the consolidated petitions are moot and academic due to the transfer of Duterte to the custody of the ICC

Duterte noted in the motion for oral arguments that she and her siblings and the Philippine government, through the comment filed by the Department of Justice, presented contradicting statements before the court.

“Oral arguments would allow this Honorable Court to test the strength of these opposing and conflicting claims, seek clarification on legal ambiguities, and resolve inconsistencies through direct questioning of the parties' counsels,” Duterte said.

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