A lawyer speaking at a public forum delivered a blunt message: the Supreme Court’s decision on the habeas corpus petition for former President Rodrigo Duterte will not change anything about his situation with the International Criminal Court (ICC).
He didn’t sugarcoat it.
“Walang bearing kung ano man ang sabihin ng Supreme Court, unfortunately,” the lawyer said, his voice steady but firm.
He explained that Duterte is already under ICC custody, far beyond the reach of Philippine courts.
Habeas corpus, he added, is simple in nature — “produce the body.”
But the order is directed at Philippine officials, and once the body is no longer with them, the legal remedy collapses.
“Ang bilis ng excuse — ‘Eh wala na po sa amin.’ Kaya tapos ang kaso,” he said, highlighting the frustration built into the process.
He paused, then added another point.
“And second… technical lang ito. It’s just procedural.”
According to him, even the technicalities show why the petition cannot affect the ICC’s ongoing proceedings.
SC Orders Officials to Respond — But Questions Remain
Despite these realities, the Supreme Court en banc has formally asked several government officials to submit a memorandum on the habeas corpus petition seeking Duterte’s release.
The Court gave them 30 days to file their responses.
Their memorandum must consider three key questions:
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Is the issue already moot, given that Duterte is in ICC custody?
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Should the Supreme Court exercise restraint due to ongoing international proceedings?
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And finally, should a writ of habeas corpus even be issued?
The list of respondents is long — from former Executive Secretary Lucas Bersamin, to top police and military officials, to former DFA and Immigration heads.
Family’s Appeal
In March, Duterte’s children — Veronica “Kitty” Duterte, Davao City Mayor Sebastian “Baste” Duterte, and Rep. Paolo “Pulong” Duterte — filed the petition in an effort to secure their father’s release.
Their plea now sits before the Supreme Court, but as the ICC process continues, lawyers warn that local remedies may no longer have the power to intervene.
