The Duterte siblings have urged the Supreme Court (SC) to prohibit the Philippine government from cooperating with the International Criminal Court (ICC) and Interpol, while asking the tribunal to facilitate the return of former President Rodrigo Duterte to the country.
In separate memoranda submitted to the High Court, the siblings maintained that the legal issues surrounding their father’s arrest and transfer to The Hague are not moot, stressing that the former president remains in ICC detention. The submissions followed an SC directive issued in November last year in relation to the consolidated petitions questioning Duterte’s arrest and transfer to the Netherlands.
In a 66-page memorandum dated January 5, Davao City Rep. Paolo Duterte, through counsel Harry Roque, argued that the petitions should continue as the alleged constitutional violations remain unresolved. Roque described Duterte’s arrest and detention as unconstitutional and illegal, saying there is an “actual case or controversy” that the Court must still decide.
The lawmaker asked the SC to issue a writ of habeas corpus to order Duterte’s release and to annul government actions affirming cooperation with the ICC and Interpol. He also urged the Court to bar further cooperation with the two bodies in relation to the Rome Statute.
The memorandum asserted that the Supreme Court retains the authority to rule on the legality of the government’s actions, despite claims that ICC proceedings are beyond its reach. It argued that cooperation with Interpol must be consistent with domestic law and that Duterte was “illegally extradited and surrendered” to a foreign authority without due process.
In a separate social media post, Roque reiterated that the ICC no longer has jurisdiction over the Philippines following its withdrawal from the Rome Statute in 2019, emphasizing that Philippine courts retain primary jurisdiction over alleged crimes committed within the country.
Meanwhile, Acting Davao City Mayor Sebastian “Baste” Duterte, in his 137-page memorandum, called on the SC to order the respondents to produce his father and justify his continued detention. He argued that no local court issued an arrest warrant and that the alleged constitutional violations remain ongoing.
Veronica “Kitty” Duterte likewise asked the High Court to declare her father’s arrest unconstitutional and to direct the government to take steps to secure his immediate return to the Philippines.
In December, the ICC Office of the Prosecutor asked the court to affirm its jurisdiction over alleged crimes against humanity linked to Duterte’s anti-drug campaign, arguing that proceedings had already begun before the Philippines formally withdrew from the Rome Statute.
Duterte has been in ICC custody in The Hague since March 2025 to face charges related to the anti-drug campaign carried out during his presidency.
