Duterte's family petitions Supreme Court, Marcos defends move

After Philippine President Ferdinand Marcos Jr defended the arrest of former president Rodrigo Duterte as fulfilling Interpol obligations, Duterte's family submitted a petition to the Philippine Supreme Court seeking his return after his arrest by the International Criminal Court (ICC). 

Duterte's children, Veronica Duterte and Davao City Mayor Sebastian Duterte, filed a separate petition for writ of habeas corpus on March 12, a day after their father was transported to The Hague to face charges of crimes against humanity in relation to his war on drugs during his presidency preceding Marcos.

Veronica was represented by Duterte's legal counsel Salvador Panelo and his son, Salvador Paolo Panelo Jr. In a media interview, Salvador Paolo stated that the grounds for the petition are the ICC's lack of jurisdiction over the Philippines. 

The Philippines unilaterally withdrew from the ICC in March 2019 under Duterte's administration, but in 2021, the Supreme Court ruled that this withdrawal from the Rome Statute would not prevent Duterte from skirting the ongoing investigation for alleged charges related to his war on drugs.

Salvador Paolo emphasized that the ICC could only exercise its jurisdiction if the national legal system of a country is not functioning. 

"But we can see that the Supreme Court and other courts in the Philippines are properly functioning," Salvador Paolo was quoted by the Philippine Daily Inquirer.

Duterte's eldest daughter and Vice-President Sara Duterte left Manila for the Netherlands on March 12 to arrange a legal team for her father, according to local media reports.

Sara said in a statement issued on Tuesday that Duterte's arrest and "being forcibly taken to The Hague" is "a blatant affront" to Philippine sovereignty. 

Duterte was detained on Tuesday shortly after arriving at the Ninoy Aquino International Airport from a weekend trip to Hong Kong. He questioned his detention himself.

Barely 12 hours later, a chartered plane flew him to The Hague.

Philippine Senate President Francis Escudero said that the "peaceful and orderly service" of the Interpol warrant reflects the Philippines' commitment to upholding international agreements.

"As this legal process unfolds, we expect the ICC to respect the rights of former President Duterte and to ensure that he is afforded due process in accordance with the Rule of Law," Escudero said.