OSG Urges Supreme Court to Dismiss Habeas Corpus Petitions for Duterte's Children
The Office of the Solicitor General (OSG) has formally requested the Supreme Court to dismiss the habeas corpus petitions filed by the children of former President Rodrigo Duterte. A writ of habeas corpus is a legal order from a court that requires authorities to present a detained individual before the judiciary to assess the legality of their detention.
Extraterritorial Limitations Cited
In a memorandum dated January 5, 2026, Solicitor General Darlene Berberabe argued that habeas corpus cannot be enforced because former President Duterte is outside Philippine territory, and the writ is ineffective extraterritorially. The OSG emphasized that the former President is actively participating in his defense at the International Criminal Court (ICC), where his legal remedies should be focused, rather than in Philippine courts.
Call for Judicial Restraint
The OSG also urged the Supreme Court to exercise judicial restraint, noting that the arrest and surrender of the former President involve foreign relations matters, which fall under the executive branch's purview. According to the OSG, the arrest was conducted through international police cooperation following a diffusion notice, in compliance with international law and Republic Act No. 9851, the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity.
Respect for Rights Assured
Furthermore, the OSG assured that the rights and privileges of the former President have been respected throughout the entire legal process. This move highlights the ongoing legal complexities surrounding high-profile international cases and their intersection with domestic judicial systems.
