LAWYER Israelito Torreon filed an urgent omnibus motion on Wednesday, September 17, 2025, seeking the inhibition of Acting Ombudsman Dante Vargas and the transfer of proceedings to the Mindanao Station in connection with the case filed by Acting Davao City Mayor Sebastian Duterte before the Office of the Ombudsman.
Torreon explained that the motion was filed due to concerns that Vargas may “not be so impartial” in handling the case, citing “reliable information” that Vargas’s wife is a classmate of Justice Secretary Jesus Crispin Remulla. The Office of the Ombudsman received the motion on the same day it was filed.
“We are invoking the voluntary inhibition provisions under the Rules of Court, knowing that there are other grounds as well because we received reliable information that the complaints we filed have already been docketed right away,” Torreon said in a media interview.
He further disclosed receiving information that the complaints, although already docketed, were allegedly ordered cancelled by Deputy Ombudsman Vargas.
In response, Torreon said they immediately wrote to the Deputy Ombudsman for Mindanao to confirm this information, noting that if true, it could affect Vargas’s impartiality in deciding the case.
“For the sake of impartiality and fairness, the acting ombudsman should refrain from handling the investigation of these cases. That is why it is imperative that the hearing of these cases be conducted by the Ombudsman-Mindanao, because the main office is the locus criminis (place of the crime) of the cases we filed,” he said.
He added that the officials involved in the case are high-ranking government figures. Holding the hearings in Manila, he warned, could make witnesses uncomfortable and pose risks to their safety and security, unlike if the cases were conducted in Mindanao.
Atty. Leo Delgra echoed the concern, saying they had heard Vargas was taking actions “not based on the procedure of the Ombudsman.” Delgra questioned why the case, already docketed, would be cancelled.
“Again we reiterate, the clearance of Remulla is just a consequence of justice being served by Mayor Baste Duterte, which is the kidnapping of PRRD. So the main case here is kidnapping,” Delgra said.
Importance of an impartial Ombudsman
Torreon stressed the importance of the Ombudsman’s impartiality, citing Republic Act No. 6770, or the Ombudsman Act of 1989, which empowers the office to investigate any act or complaint involving public officials within its jurisdiction.
He also referred to the 1987 Constitution, which provides that the Ombudsman may only be removed through impeachment—highlighting the significance of the position. The appointee, he added, must be a person of unquestionable integrity, fairness, and a “minister of justice” trusted by the people.
Possible next steps
If their motion is granted, Torreon said the proceedings will be conducted in Mindanao instead of Luzon. It will then be up to the Ombudsman to create a panel or assign a single investigating officer, though Torreon believes a panel would likely be formed due to the numerous cases they filed.
If the motion is denied, they plan to file a motion for reconsideration and, if still rejected, pursue other legal remedies.
Baste’s complaint vs high officials
On Monday, Baste filed a 160-page complaint before the Ombudsman against Department of the Interior and Local Government (DILG) Secretary Jonvic Remulla, Defense Secretary Gilbert Teodoro, National Security Adviser Eduardo Año, the DOJ secretary, DOJ Undersecretary Nicholas Felix L. Ty, former Philippine National Police (PNP) chief PBGen. Rommel Marbil, former Criminal Investigation and Detection Group (CIDG) chief PMGen. Nicolas Torre III, former Special Envoy on Transnational Crime Markus Lacanilao and head of the Philippine Center on Transnational Crimes Anthony Alcantara, Prosecutor General Richard Fadullon, PNP spokesperson PBGen Jean Fajardo, and several John Does and Jane Does.
The complaint alleges that the arrest and transfer of former President Rodrigo Duterte were illegal because no Philippine court issued a warrant. Baste claimed that the two Remullas coordinated directly with the ICC and Interpol to enforce what he described as an “illegal implementation” of a foreign order.
He also accused Teodoro and Año of directing the operation.
Former PNP chiefs Rommel Marbil and Nicolas Torre III were likewise charged, with Torre accused of denying Duterte legal counsel and medical care and overseeing his forcible transfer to The Hague.
Other respondents include Lacanilao, Alcantara, Fadullon, and Fajardo, who was accused of concealing Duterte’s whereabouts.
Even the pilots and the owner of the aircraft used in the operation were included in the case.
The charges encompass eight counts of kidnapping and arbitrary detention, expulsion, usurpation of judicial functions, and administrative complaints for serious dishonesty, gross neglect of duty, and disloyalty to the Republic.
FPRRD’s status at The Hague
Since his transfer, Duterte’s lawyers have filed petitions questioning his fitness to stand trial, citing medical reports of memory loss and cognitive decline. The ICC has delayed the confirmation-of-charges hearing while reviewing these claims.
His camp has also requested interim release on humanitarian grounds, pointing to his age of 80 and alleged lack of political influence. One unnamed country reportedly offered to host him under strict conditions, but victims’ groups strongly opposed the move, calling it an attempt to deny justice.
Duterte has already appeared via videolink before ICC judges, formally opening the proceedings. The case now hinges on whether he is medically fit to stand trial. RGP with reports from DEF