Former presidential spokesperson Harry Roque has asked the Supreme Court (SC) to rule on the legality of former President Rodrigo Duterte’s arrest and detention, saying the case remains valid despite his transfer to the International Criminal Court (ICC) in The Hague.
In a memorandum filed for Davao City Rep. Paolo Duterte and other Duterte siblings, Roque said the High Court still has the authority to review the executive’s actions. “The deprivation of liberty is ongoing. This case is not moot,” he stressed.
Roque argued that Duterte’s arrest and surrender were “unconstitutional and illegal,” citing the Philippines’ 2019 withdrawal from the Rome Statute. “Once the withdrawal took effect, all obligations to cooperate ceased,” he said, adding that enforcing ICC warrants violates national sovereignty.
He also pointed to Republic Act No. 9851, saying Philippine courts have “primary and exclusive jurisdiction” over crimes committed locally and that ICC complementarity “cannot survive withdrawal.”
Roque further claimed the Marcos administration exceeded its powers by surrendering a Filipino citizen without a valid treaty or legislative basis. “The Constitution does not allow the Executive to give away judicial power by proclamation or cooperation,” he said.
Calling the case historic, Roque urged the SC to define the limits of executive authority.
“What the Court decides here will guide not only this case, but any future attempt to bypass Philippine courts in favor of foreign tribunals,” he said.IMT
