DOJ to represent Marcos gov’t in Duterte petition vs ICC arrest

MANILA, Philippines – The Department of Justice (DOJ) is now serving as the Philippine government’s counsel in the Supreme Court (SC) petition against former president Rodrigo Duterte’s arrest, following the Office of the Solicitor General’s (OSG) recusal from the case.

The SC announced on Tuesday, March 18, that the DOJ filed the Philippine government’s comment on the petition filed by the Duterte children.

“The SC received the Consolidated Compliance with its March 13, 2025 Resolution, filed by Department of Justice Officer-in-Charge Undersecretary Nicholas Felix L. Ty, who was authorized to represent the respondents in this case considering the recusal of the Office of the Solicitor General,” High Court spokesperson Camille Sue Mae Ting said during the Tuesday briefing.

“The SC directed petitioners Sebastian Z. Duterte, Veronica A. Duterte, and Paolo Z. Duterte to personally file a traverse in response to the Consolidated Compliance within a non-extendible period of five days from receipt of notice,” she added.

Speaking before reporters on Tuesday, Department of Justice Secretary Jesus Crispin “Boying” Remulla said the DOJ was given the authorization by Executive Secretary Lucas Bersamin to reply on behalf of the government.

“It’s over and done with. So, it’s a done deal already… I think there’s judicial notice that the hearings are ongoing already in the Hague,” Remulla said in a mix of Filipino and English, when asked if the petition can bring Duterte back from the ICC.

After their father’s arrest on March 11, the three Dutertes filed separate petitions for writ of habeas corpus – an extraordinary measure used typically against illegal detention – to seek their father’s return. It’s a complicated case since habeas corpus is premised on the Philippine context, and Duterte is already in The Hague, Netherlands facing his crimes against humanity case.

Legal experts like ICC-accredited lawyer Joel Butuyan and criminal law expert Ted Te also said that the SC has no jurisdiction over the ICC.

Amid the legal saga, Duterte’s former justice secretary-turned-Marcos’ current Solicitor General Menardo Guevarra decided to opt out of defending the Marcos administration, claiming that he cannot defend the government because it has always taken the position that the ICC has no jurisdiction over the drug war cases.

Guevarra also filed a manifestation with the SC asking to drop the OSG as respondents in the case.

The Marcos government, in enforcing the arrest against Duterte, said it acknowledged its commitment with the Interpol. The ICC coursed its warrant through the Interpol, so the Philippine government was obliged to implement it, according to several Marcos officials.

Will Guevarra remain as the solicitor general given the stance he took? Guevarra told reporters on Tuesday that “only the president can say that.” – Rappler.com