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This photo shows the logo of the Office of the Solicitor General.
STAR / File
MANILA, Philippines — The Office of the Solicitor General (OSG) asked the Supreme Court to recuse itself from representing the government respondents on the petitions filed by the children of former president Rodrigo Duterte.
The OSG filed a manifestation before the high court on Monday, March 17, saying that it cannot “effectively represent the respondents” due to the OSG’s “firm stance” that the International Criminal Court (ICC) has no jurisdiction in the Philippines.
“In steadfast adherence to this sovereign decision, the OSG has consistently maintained, both in its submissions before the ICC and in its public statements, that the case of the Philippines was not admissible and that the ICC failed to timely exercise its jurisdiction,” the OSG’s manifestation read.
“Consequently, the Philippine Government has no legal obligation to cooperate with the ICC nor recognize any process emanating from the ICC following the effectivity of the country's withdrawal from the Rome Statute,” it added.
Supreme Court spokesperson Camille Ting also confirmed that the Supreme Court received the OSG's manifestation at 1:03 p.m. on Monday.
Ting also said that the high court also received a motion to drop Solicitor General Menardo Guevarra as a respondent.
In 2019, the Philippines exited the Rome Statute, the agreement that created the ICC, following the tribunal's investigation into the Duterte administration's drug war.
Why does this matter? The OSG is the lawyer representing the government.
They represent government officials and agencies in proceedings before the Court of Appeals and the Supreme Court.
With its recusal from the petitions, it will not represent the respondents of the petitions filed by Duterte’s children which involved current and former government officials.
Philstar.com has asked Guevarra and the Supreme Court who will represent the government in these petitions following the OSG’s recusal, but they have yet to respond.
The petitions
The petitions were filed by former president Duterte’s children, Veronica, Sebastian, and Paolo, on March 12 and 13. They asked the Supreme Court to declare the government’s cooperation with the ICC unconstitutional and sought the return of their father.
RELATED: LIST: Petitions filed to halt ICC arrest of Duterte, gov’t cooperation
The Supreme Court consolidated the three habeas corpus petitions filed by Duterte’s children on March 12 and 13.
On March 14, the international tribunal formally charged Duterte with crimes against humanity, specifically citing his alleged involvement in at least 43 killings.
These included incidents attributed to the Davao Death Squad and police actions during his presidency.
