Supreme Court warns lawyer over false TRO claim in Duterte ICC case

The Supreme Court has directed lawyer Raul Lambino to justify why he shouldn’t be held accountable for falsely claiming that the high court issued a temporary restraining order (TRO) on former President Rodrigo Duterte’s arrest.

The directive was issued during the SC en banc session in Baguio City on April 2. Lambino now has 10 days to respond to the show cause order.

The controversy stems from a Facebook Live video aired by Lambino on March 11, where he stated that the Supreme Court had released a TRO halting Duterte’s arrest—an assertion the Court has refuted.

“This misinformation caused public confusion and misled the people about the SC’s actions,” said Supreme Court spokesperson Atty. Camille Ting in an ABS-CBN News report.

Duterte was arrested on the same day of the Facebook broadcast and flown to the Netherlands to face charges of crimes against humanity before the International Criminal Court (ICC). The charges are linked to his controversial drug war, which claimed thousands of lives, many from poor communities.

Despite the high-profile transfer, Duterte’s defense is mounting a strong push to challenge the ICC’s jurisdiction over the case.

“We hope to persuade the judges pre-trial that it (the court) cannot exercise its jurisdiction over the case. There won’t be a confirmation-of-charges hearing if the judges rule in our favor,” said Nicholas Kaufman, Duterte’s British-Israeli lawyer.

A pre-trial hearing, where both sides are expected to present their initial arguments and evidence, is slated for September 23.

While the Philippines withdrew from the ICC in 2019, the court maintains that it can proceed with the case because the alleged offenses occurred while the country was still under its jurisdiction.