SC yet to rule on Duterte habeas petitions

Alvin Murcia·17 September 2026, 8:37 am·1 MIN READ

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No ruling has yet by the Supreme Court on the consolidated habeas corpus petitions filed by the children of former President Rodrigo Duterte questioning his handover and seeking his release from International Criminal Court (ICC) custody.

This was according to SC spokesperson Atty. Camille Sue Mae Ting saying that the petitions remain pending before the High Court.

Ting said, “The habeas corpus cases are still pending.”

The petitions were filed by Davao City 1st District Rep. Paolo Duterte, Davao City Mayor Sebastian Duterte and Veronica “Kitty” Duterte, on 12 March 2025, before being immediately evaluated and consolidated by the High Court.

The petition of the Duterte sibling sought the immediate release and return of their father from ICC custody in The Hague.

Kitty Duterte’s legal camp has repeatedly urged the SC to act on the consolidated petitions, saying that the prolonged delay has amounted to denial of justice.

Kitty’s lawyer in a second urgent motion, asked the SC to direct government agencies to take steps to facilitate Duterte’s return to the Philippines.

They maintained that Duterte’s arrest, transfer and continued detention by the ICC violated constitutional safeguards and due process rights.

They also argue that the Philippine government had no authority to surrender him to the ICC without prior authorization from Philippine courts.

Earlier, the Department of Justice (DOJ) filed a compliance opposing the writ, arguing that the petition is entirely moot and academic because the Philippine government no longer holds physical or legal custody of the former president.

Former Justice Secretary and now Ombudsman Jesus Crispin Remulla labeled the transfer to The Hague a "done deal".

Also, the Office of the Solicitor General (OSG) recused itself from representing the state to maintain its consistent stance that the ICC lacks jurisdiction. The Duterte siblings filed their respective "traverses" (legal responses) to counter the DOJ's opposition.

The OSG in a subsequent 140-page memorandum, formally asked the High Court to dismiss the petitions, reiterating that a Philippine writ of habeas corpus cannot be legally enforced outside the country's geographical borders.