Veronica “Kitty” Duterte, the daughter of former president Rodrigo Roa Duterte, through counsel, filed a petition for habeas corpus before the Supreme Court, demanding the immediate return of her father, who was flown to The Hague on Tuesday night.

The petition, filed Wednesday morning through the Panelo Law Office, names Executive Secretary Lucas Bersamin, Justice Secretary Jesus Crispin Remulla, PNP Chief Gen. Rommel Francisco Marbil, and CIDG Director Maj. Gen. Nicolas Torre III as respondents.

The young Duterte accuses them of orchestrating the “illegal arrest, detention, and surrender” of the former president without due process.

The petition claims that the government blatantly ignored legal safeguards under Philippine laws — specifically Presidential Decree No. 1069, the Philippine Extradition Law.

Kitty Duterte argues that her father was denied his legal right to challenge his arrest and extradition in Philippine courts.

Section 10 of the law requires a local judge to decide whether to grant extradition based on the existence of a prima facie case. Additionally, under Section 12 of PD 1069, the accused has the right to appeal any decision granting extradition, which should automatically halt any deportation. The petition claims Duterte was deprived of this right.

Kitty Duterte’s legal team insists there was “no legal basis” for her father’s arrest, detention, and sudden removal from the country.

The petition urges the SC to immediately issue a writ of habeas corpus, compelling government officials to produce Duterte’s body before the court and justify his imprisonment.

“The grounds for our petition, first of all, is that the arrest warrant cannot be used as a basis for the arrest and detention of former president Duterte because the ICC has no jurisdiction in the country,” said Salvador Paulo Panelo Jr.

To recall, the Philippines withdrew from the Rome Statute, the treaty that established the ICC, in 2019 after The Hague-based tribunal began a probe into Duterte’s administration’s drug war.

Panelo Jr. emphasized that the ICC may only exercise jurisdiction in the country if the country’s legal system is not functioning, adding that the Philippine judicial system is fully operational.

He noted that the government had stated to the ICC that it had no jurisdiction over the Philippines because the local legal system is functioning.

On Tuesday, Duterte was arrested for alleged crimes against humanity during his administration’s anti-illegal drugs campaign.

Hours later, President Ferdinand Marcos Jr. announced that Duterte was being brought to The Hague to face charges in connection with the drug war.

The plane carrying Duterte made a layover in Dubai on Wednesday morning.

Salvador Paulo Panelo Jr. stated that they hope their petition will be granted, as the plane used by Duterte is under Philippine custody.

On the other hand, Davao City Mayor Sebastian Duterte, on behalf of his father, former president Rodrigo Duterte, also filed a petition for habeas corpus before the Supreme Court yesterday.

According to a document obtained, Mayor Duterte named several respondents in his petition, including Executive Secretary Lucas Bersamin, Justice Secretary Jesus Crispin Remulla, Interior Secretary Jonvic Remulla, Philippine National Police Chief General Rommel Francisco Marbil, Criminal Investigation and Detection Group (CIDG) MGen. Nicolas Torre III, Solicitor General Menardo Guevarra, Commissioner Norman Tansingco, Foreign Affairs Secretary Enrique Manalo, Armed Forces of the Philippines Chief of Staff Romeo Brawner Jr., Executive Director of the Philippine Center for Transnational Crime (PCTC) Usec. Lt. Gen. Antonio Alcantara, and Capt. Johnny Gulla.

The mayor was assisted by lawyers from Tolentino and Associates, who respectfully sought the immediate and unconditional release of the former president, "who is presently unlawfully detained and faces imminent and unauthorized transfer to the International Criminal Court (ICC) in The Hague, Netherlands."

The petition claims that the basis for his detention and transfer is an unverified and unenforceable ICC warrant, which lacks a valid warrant of arrest and proper procedures. “This action is a grave violation of Philippine sovereignty, the Constitution, and international legal principles governing state jurisdiction."

The petition also requests that the Supreme Court direct the respondents — or their representatives — to appear before the court and produce the body of the detained Rodrigo Roa Duterte, explaining without delay why the petitioner should not be set at liberty immediately.