A resolution served by the Supreme Court (SC) on Friday afternoon, 14 March, requires Executive Secretary Lucas P. Bersamin and other government officials to explain within 24 hours the arrest, detention, and turnover of former president Rodrigo R. Duterte to the International Criminal Court (ICC).
It was stated in a show cause order issued by the SC early Thursday evening, 13 March, as it acted on three habeas corpus petitions filed by the children of the former president on March 12.
Under the rules, since the 24-hour deadline falls on a weekend, the respondents must file their explanation on Monday, 17 March.
The explanation in compliance with the show cause order is expected to be filed by Solicitor General Menardo I. Guevarra, who was also served a copy of the order.
Aside from Executive Secretary Bersamin and Guevarra, the other respondents in the three consolidated habeas corpus petitions are Local Governments Secretary Juan Victor Remulla, Philippine National Police (PNP) Chief General Rommel Marbil, Gen. Nicolas Torre III of the PNP-Criminal Investigation and Detection Group (CID), Foreign Affairs Secretary Enrique Manalo, Armed Forces of the Philippines (AFP) Chief of Staff Romeo Brawner Jr., Executive Director of the Philippine Center on Transnational Crime (PCTC) Undersecretary Lt. Gen. Antonio Alcantara, Capt. Johnny Gulla, and the Bureau of Immigration (BI).
A press briefer issued early Thursday evening, March 13, by the SC’s Office of the Spokesperson stated:
“On 13 March 2025, the SC En Banc (full court) unanimously resolved to consolidate the petition filed by Representative Paolo Z. Duterte with the earlier petitions for habeas corpus filed by Sebastian Z. Duterte and Veronica A. Duterte; and direct respondents in the consolidated petitions to show cause within a non-extendible period of 24 hours from receipt of notice why the peremptory writ of habeas corpus should not be issued.”
The Writ of Habeas Corpus, considered the most powerful writ, is a legal remedy against arbitrary arrest and detention. Through the writ, a court can order a person who arrested and detained another to bring the arrested and detained individual personally before the court for judicial inquiry.
The first two separate petitions were filed on Tuesday morning, 12 March, by Davao City Mayor Sebastian “Baste” Duterte and Veronica “Kitty” Duterte.
Late afternoon on 12 March, the third petition was filed by Duterte’s eldest son, Davao City First District Rep. Paolo “Pulong” Duterte.
These three petitions asked the SC to declare illegal the arrest, detention, and turnover of the former president to the ICC.
The high bench was told that the ICC has no jurisdiction over the Philippines, which had severed its membership with the tribunal in 2019.
It was also asked that the SC order the return of Duterte to the Philippines, where he would face whatever cases might be filed in connection with his illegal drugs war during his term as president.
Former president Duterte was served the ICC’s arrest warrant through the International Criminal Police Organization (Interpol) on 11 March immediately after his arrival from Hong Kong. Later that same day, he was flown to The Hague, Netherlands.
Both Duterte and Sen. Ronald Dela Rosa, late afternoon on 11 March, filed a petition before the SC asking the High Court to stop the arrest of the former president. They pleaded for the issuance of a temporary restraining order (TRO).
The SC on Wednesday, 12 March, did not issue a TRO, stating: “After a virtual deliberation on the 94-page petition, the SC found that petitioners failed to establish a clear an unmistakable right for the immediate issuance of a TRO.”
However, it required the respondents in the petition filed by Duterte and Bato “to comment on the petition with prayer for TRO and/or writ of preliminary injunction within a non-extendible period of 10 days from notice.”