SC urged to junk Duterte habeas corpus plea

The government has urged the Supreme Court (SC) to junk the consolidated habeas corpus petitions filed by the children of former president Rodrigo Duterte, saying that the case is now moot and devoid of merit, since he is already out of Philippine jurisdiction.

- By DAPHNE GALVEZ

In a 33-page consolidated compliance, the Department of Justice (DOJ), which stepped in as state counsel after the Office of the Solicitor General (OSG) recused itself from the case, said the petitions are already moot because the government "no longer have legal and physical custody" of Duterte.

It noted that a writ of habeas corpus is only enforceable within the Philippines, and since Duterte is already in The Hague, "there is physical impossibility of the writ being implemented in the first place."

"Clearly, therefore, since the relief prayed for could no longer be granted, the consolidated petitions are already moot and academic, warranting their outright dismissal by the Honorable Court," the DOJ said.