Supreme Court rejects TRO to block ICC arrest of Duterte

DAVAO CITY – The Supreme Court of the Philippines clarified that it did not issue a Temporary Restraining Order (TRO) regarding the petition filed by former President Rodrigo Duterte’s legal team to prevent Philippine authorities from assisting the International Criminal Court (ICC) in arresting him.

A one-page statement says that after a thorough review and legal analysis, “the petitioners failed to establish a clear and unmistakable right for the court to grant a TRO immediately.” Supreme Court Counters Social Media Misinformation

SC spokesperson Atty. Camille Ting said in a statement that the court found that they failed to establish a “clear and unmistakable right” to immediately issue a TRO.

However, in a message to reporters, the SC clarified that issuing a TRO is “still possible.” 

The Court’s statement directly contradicts false reports circulating on social media, which claimed that a TRO had been issued in favor of Duterte.

Additionally, the Supreme Court acknowledged receipt of a petition for a Writ of Habeas Corpus, filed earlier today by Duterte’s children, Davao City Mayor Sebastian “Baste” Duterte and Veronica “Kitty” Duterte.

The petition seeks to order Executive Secretary Lucas Bersamin and other top officials to present Duterte before the Supreme Court and explain why he is being detained.

Upon receiving the petition, Chief Justice Alexander Gesmundo promptly ordered the concerned officials to respond to the allegations and justify Duterte’s detention.

In their petition, Mayor Sebastian Duterte and Kitty Duterte named several high-ranking government officials whom they hold responsible for their father’s arrest and possible extradition to The Hague. Among them are: Justice Secretary Jesus Crispin Remulla, Interior and Local Government Secretary Jonvic Remulla, Philippine National Police (PNP) Chief General Rommel Francisco Marbil,

Also included are: PNP-Criminal Investigation and Detection Group (CIDG) Director General Nicolas Torre III, Solicitor General Menardo Guevarra, Bureau of Immigration Commissioner Norman Tansingco, Foreign Affairs Secretary Enrique Manalo and Armed Forces of the Philippines (AFP) Chief of Staff General Romeo S. Brawner Jr.

The Supreme Court’s rejection of the TRO allows the government to continue cooperating with the ICC, should it proceed with extradition or any legal processes related to Duterte’s case.

With the habeas corpus petition now under review, the next legal battle will revolve around Duterte’s detention and whether his legal team can successfully argue for his release. As the nation watches closely, the Supreme Court is expected to hear arguments in the coming days.

Meanwhile, Duterte’s supporters remain outraged, calling the case a politically motivated attack, while victims of the drug war see this as a major step toward accountability. The ruling sets the stage for a historic legal showdown that could reshape the Philippines’ relationship with international justice and its commitment to the rule of law.