COMMUNICATIONS Undersecretary and Palace Press Officer Claire Castro yesterday said the habeas corpus petitions filed by the children of former president Rodrigo Duterte may already be “moot and academic” since the former chief executive is already in The Netherlands.
Former Labor Secretary Silvestre Bello III likewise said the petitions filed by Veronica “Kitty” and Davao City Mayor Sebastian “Baste” Duterte for habeas corpus to bring back their father to the Philippines may no longer be workable.
Bello is serving as one of Duterte’s legal counsels.
“Actually, sa tingin ko, hindi na workable ‘yung petition for habeas corpus dahil nandoon na, nilipad na eh (Actually, I think the petition for habeas corpus is no longer workable since he is already there)” the former Duterte cabinet official told GMA-7 in an interview.
Castro that while she believes that the petitions are already moot, it would still be up to the High Court to decide on the matter.
“Supreme Court lamang po ang makakapagsabi niyan (Only the Supreme Court can decide on that),” she said in a briefing in Malacañang, adding she does not want to preempt the SC.
“But normally, usually po kapag po ang tao ay nasa ibang bansa na po at nadala na po, nagiging moot and academic iyong issue. But depende pa rin po iyan sa Supreme Court (Normally, usually, if the person is in another country, the issue becomes moot and academic. But that still depends on the Supreme Court),” she added.
Kitty and Baste Duterte yesterday filed separate petitions before the SC pleading with the magistrates to order Philippine authorities to bring back their father who was turned over and flown to the Hague in the Netherlands on Tuesday night to face trial at the International Criminal Court (ICC) for alleged crimes against humanity.
Named as respondents in both petitions were Executive Secretary Lucas Bersamin, Justice Secretary Jesus Crispin Remulla, Philippine National Police (PNP) chief Police General Rommel Marbil, and PNP-Criminal Investigation and Detection Group chief Major General Nicolas Torre III, among others.
MORE ARREST WARRANTS?
In a related development, lawyer Joel Butuyan said the ICC may issue more arrest warrants against Duterte’s “co-conspirators” in the crime against humanity charges stemming from the bloody anti-drug crackdown under his administration.
“Kung babasahin mo ang warrant of arrest, may mga indications na may iba pa maliban kay Pangulong Duterte. Kasi ang description na binibigay doon kay Pangulong Duterte indirect co-perpetrator (If you read the warrant of arrest, there are indications that there are others aside from president Duterte. Because its description of president Duterte was as an indirect co-perpetrator),” Butuyan, who is listed in the ICC’s List of Counsels, told GMA-7 in a separate interview.
Butuyan said Sen. Ronald dela Rosa may be one of Duterte’s co-perpetrators who might become the subject of the next ICC warrant.
“Kung co-perpetrator siya, meron siyang ibang ka-perpetrator. So, umaasa tayo na ito ay simula pa lang at meron pang iba kagaya ni Senator Bato dela Rosa na maaaring mahahainan ng warrant of arrest sa mga susunod na araw (If he is a co-perpetrator, there are other co-perpetrators. So, we are hopeful that this is just the beginning and there are others like Senator Bato Dela Rosa who may be issued warrants of arrest),” he said.
Dela Rosa served as PNP chief during Duterte’s term and is the main implementor of the controversial “Tokhang” and “Double Barrel” policy that targeted those involved in the illegal drugs trade.
Authorities have said more than 6,200 were killed at the height of the drug war, local and international human rights organizations cited a much higher figure of more than 20,000, including 16,355 killed in vigilante-style killings.
Last year, the ICC Office of the Prosecutor tagged Dela Rosa and four other retired police officers as “ suspects” for alleged involvement in the deaths of thousands in the anti-drug war.
The four are retired PNP chief Oscar Albayalde, former PNP CIDG chief Romeo Caramat Jr., former Napolcom chief Edilberto Leonardo, and former PNP chief intelligence officer Eleazar Mata.
Albayalde replaced Dela Rosa in 2018 after he retired from the PNP. He served the post until his retirement in 2019.
Leonardo was earlier charged by the National Bureau of Investigation with murder in connection with the 2020 killing of retired police general and PCSO Board Secretary Wesley Barayuga. Leonardo denied the accusation.
