The children of former Philippine president Rodrigo Duterte have separately urged the Supreme Court of the Philippines to proceed with their consolidated petition seeking his release from detention, arguing that the case remains live despite his custody at the International Criminal Court.
In response to the Court’s directive to address mootness, judicial restraint amid ongoing ICC proceedings, and the possible issuance of a writ of habeas corpus, Davao City Rep. Paolo Duterte, Acting Davao City Mayor Sebastian Duterte, and Veronica “Kitty” Duterte maintained that the petition remains valid because their father continues to be detained.
Paolo Duterte argued that the High Court may still rule on the legality and constitutionality of the arrest, detention, surrender, and extradition of the former president, reiterating his plea for a writ of habeas corpus and for an order barring government cooperation with the ICC and Interpol. Kitty Duterte said detention on foreign soil does not strip the Court of authority to act, while Sebastian Duterte contended that Philippine courts retain primary jurisdiction over the legality of government actions affecting his father’s liberty, stressing the ICC’s complementary role.
The Office of the Solicitor General, representing respondent officials, countered that the case is moot and non-justiciable because any relief would have no extraterritorial effect while Duterte is detained in The Hague, Netherlands. The OSG urged judicial restraint due to ongoing ICC proceedings and warned that granting relief could interfere with international obligations and foreign relations.
The petitions stem from filings in March 2025 seeking a writ of habeas corpus. Duterte remains in ICC custody, facing charges related to killings during his terms as Davao City mayor and as president; an ICC bid for interim release was denied in November 2025.
