A petition for certiorari and prohibition on Tuesday was filed before the Supreme Court (SC) to stop the Philippine government from cooperating with the International Criminal Court (ICC).
Legal counsel Israelito Torreon filed the petition on behalf of former President Rodrigo Roa Duterte and Senator Ronald Dela Rosa.
“This petition calls for the respondents to cease from cooperating with the [ICC] on the ground based itself on the Rome Statute, Article 127, par. 2, which states that after we have withdrawn from the Rome Statute, the Philippines is no longer under the jurisdiction of the ICC,” he said.
“The Philippine government should no longer cooperate with the [ICC] and all the actions therefore are null and void,” Torreon told reporters after filing.
The lawyer added they are praying for a temporary restraining order (TRO) to enjoin the government from such cooperation and to release Duterte outright from custody.
Earlier today, Duterte was detained in Villamor Airbase in Pasay City following his arrest at the Ninoy Aquino International Airport (NAIA) Terminal 3.
While the former president is still in the country, the SC can still issue a TRO to stop the ongoing cooperation, Torreon explained. He also stressed that the High Tribunal must assert the country’s national sovereignty and independence.
Respondents named in the petition include Executive Secretary Lucas Bersamin, Justice Secretary Jesus Crispin Remulla, Interior and Local Government Secretary Jonvic Remulla, Philippine National Police (PNP) Chief General Rommel Francisco Marbil, PNP-Criminal Investigation and Detection Group Director General Nicolas Torre III, Solicitor General Menardo Guevarra, former Immigration Commissioner Norman Tansingco, Foreign Affairs Secretary Enrique Manalo, and Armed Forces of the Philippines Chief of Staff General Romeo Brawner, Jr.
The SC is also asked to enjoin respondents from enforcing or assisting in the enforcement of any ICC-issued warrants or red notices and to suspend all forms of cooperation with the ICC while the case is pending.
In addition, they urge the SC to declare that the Philippine government’s withdrawal from the Rome Statute on March 17, 2019 effectively terminated the ICC’s jurisdiction over the country and its nationals.
In a separate interview with Manila Standard, SC spokesperson Camille Ting said the petition “is still for the court’s action.”
Given the significance of this case and upon the Chief Justice’s instructions, a special raffle has been conducted pursuant to Rule 7, Section 7 of the SC’s internal rules, she said.
Under the said rule, “upon receipt of an initiatory pleading containing a motion for the conduct of a special raffle, the Judicial Records Office shall immediately process the pleading and transmit a copy of it to the Office of the Clerk of Court.”
Manila Standard is still waiting for confirmation if the special raffle has already been conducted.
Editor’s Note: Updates were made throughout this story.
