‘NO TRO, FOR NOW’: Duterte camp fails to stop ICC arrest

By Joseph Bernard A. Marzan

The Supreme Court (SC) has denied the request for a temporary restraining order (TRO) sought by the International Criminal Court (ICC) to stop the arrest of former President Rodrigo Duterte.

In a statement on Wednesday, March 12, the Court said it virtually deliberated on the 94-page petition filed by Duterte and Sen. Ronald “Bato” dela Rosa shortly after Duterte’s arrest at 4:27 p.m. on Tuesday, March 11.

Their legal team also submitted a Very Urgent Manifestation with a Reiterative Prayer for a TRO and/or a Writ of Preliminary Injunction to release Duterte from custody at Villamor Air Base in Pasay City and prevent his transport to The Hague, Netherlands.

The Supreme Court received the filing at 11:17 p.m. on Tuesday.

While the Court denied the TRO request, it directed the respondents in the case to submit their comments within 10 days from notice.

“After a virtual deliberation on the 94-page petition, the SC found that the petitioners failed to establish a clear and unmistakable right for the immediate issuance of a TRO,” the Supreme Court said in a statement.

“However, the SC has directed the respondents to comment on the petition with a prayer for TRO and/or writ of preliminary injunction within a non-extendible period of 10 days from notice,” it added.

The respondents named in the case include:

• Executive Secretary Lucas Bersamin
• Justice Secretary Jesus Crispin Remulla
• Interior Secretary Juanito Victor Remulla
• Philippine National Police (PNP) Chief Rommel Francisco Marbil
• PNP Criminal Investigation and Detection Group Chief Nicolas Torre III
• Solicitor General Menardo Guevarra
• Immigration Commissioner Norman Tansingco
• Foreign Affairs Secretary Enrique Manalo
• Armed Forces of the Philippines Chief of Staff Romeo Brawner Jr.

The SC ruling contradicted claims made by Duterte’s and Dela Rosa’s legal counsel, Raul Lambino, who announced via Facebook Live that a TRO had been granted.

Lambino and his co-counsel, Israelito Torreon, went to the Supreme Court complex on Wednesday evening to verify the issuance of a TRO, but their claims were unconfirmed.

Separate Habeas Corpus Petitions Filed

The Supreme Court also acknowledged receipt of separate petitions for a writ of habeas corpus filed by Duterte’s children, Davao City Mayor Sebastian Duterte and Veronica Duterte.

Chief Justice Alexander Gesmundo, a Duterte appointee, instructed that these petitions be specially raffled to a member of the Court.

“These petitions seek the issuance of a writ of habeas corpus commanding respondents Executive Secretary Bersamin, et al., to appear before the SC, produce the body of former President Duterte, and explain his imprisonment,” the statement explained.

The SC’s public pleadings page also indicated that Duterte’s son, Davao City 1st District Rep. Paolo Duterte, filed his own petition for habeas corpus, certiorari, and prohibition with a prayer for a TRO and/or a writ of preliminary injunction on Wednesday.

Paolo and his sister, Vice President Sara Duterte, have traveled to the Netherlands to join their father.

House of Representatives Secretary General Reginald Velasco reportedly approved Paolo’s travel authority to the Netherlands and Japan, scheduled from March 12 to April 15.

Presidential Communications Office Undersecretary Claire Castro also confirmed that Malacañang issued a travel authority for Sara on Tuesday evening.