Philippines top court gives officials 24 hours to provide reason why former president should not be issued habeas corpus
Respondents to petitions filed by children directed to explain why they should not justify arresting former president, says court
ISTANBUL
The top court in the Philippines said Thursday that government officials involved in former President Rodrigo Duterte’s arrest have 24 hours to explain “why the peremptory writ of habeas corpus should not issue.”
A writ of habeas corpus is an order by a court to explain the arrest cause of an individual.
A statement from the court's spokesperson said a petition for habeas corpus, filed by the son of the former president, Rep. Paolo Duterte, was received Tuesday by the court, which the court ruled to consolidate Thursday alongside two other petitions from the former president's two other children.
The respondents named were Executive Secretary Lucas Bersamin, Interior and Local Government Secretary Juan Victor Remulla and National Police Chief Major General Rommel Franciso Marbil.
Paolo Duterte accused the respondents of committing a grave abuse of discretion “amounting to lack or excess of jurisdiction when they cooperated in the enforcement of the warrant of arrest” against his father, according to media reports.
“The petition challenges the actions of the respondents in enforcing the International Criminal Court (ICC) warrant against former President Rodrigo Roa Duterte. It seeks to nullify these actions and prohibit further cooperation with the ICC. The petitioner also prays for a writ of habeas corpus to secure the release of former President Duterte from his confinement and detention,” said the statement from the court.
It added that the top court "directs 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 issue.”
The court had refused Wednesday to issue a temporary restraining order sought by the former president following his arrest and transportation to The Hague to face trial at the ICC.
Duterte was taken into custody Wednesday by the ICC after he was arrested at the Manila International Airport upon his arrival from Hong Kong. He is charged with "crimes against humanity" during his "war on drugs." His policy allegedly killed thousands of small-time drug dealers, users and others without trial.
