SolGen’s move to rejoin SC in Duterte lawsuit within mandate, says Palace

THE PALACE pushed back against criticism from allies of former President Rodrigo R. Duterte, insisting the Office of the Solicitor General (OSG) is acting strictly within its legal mandate when it reentered a case before the Supreme Court (SC) linked to the arrest and the International Criminal Court’s (ICC) probe of the former leader’s alleged crimes against humanity.

Palace Press Officer Clarissa A. Castro said the OSG is acting in accordance with the law and its mandate, without protecting the interests of a select few, adding that its current positions reflect institutional responsibilities rather than political motivations.

“The Palace cannot speak for the past actions or personal views of former Solicitor General Menardo I. Guevarra. At present, the OSG is simply performing its duty and correcting what must be corrected under the law,” she said in Filipino in a Viber message to reporters on Wednesday.

Solicitor General Darlene Marie B. Berberabe, who was appointed in May, moved to rejoin the SC proceedings involving the former president and Senator Ronald M. Dela Rosa’s petition related to the ICC investigation of the Duterte administration’s bloody campaign against illegal drugs.

The move signals a shift in the administration’s legal approach as the high court continues to assess challenges tied to potential ICC actions against Mr. Duterte and his allies.

In a manifestation filed on Dec. 1, the OSG asked the SC to furnish it with all issuances and submissions in the case, reversing its previous stance under Mr. Guevarra, who had recused the agency from similar petitions filed by Mr. Duterte’s children.

The case was lodged by Davao-based lawyer Israelito P. Torreon, who criticized the OSG’s abrupt and unexplained decision to rejoin the SC case after previously securing approval to recuse itself.

Mr. Torreon said the OSG’s return contradicts its earlier sworn position that it could not participate due to ethical concerns, conflicts of interest and its stance that the Philippines has no obligation to cooperate with the ICC following its withdrawal from the Rome Statute.

Mr. Guevarra was Mr. Duterte’s Justice secretary when the Philippines’ withdrew its membership from the Rome Statute, the founding treaty of the ICC, which came into effect in 2019.

As Marcos administration’s solicitor general, he recused the agency from defending the Philippine government, arguing the Philippines was no longer under the ICC’s jurisdiction. — Chloe Mari A. Hufana