Palace to Guevarra: Assess if you can still serve as Solicitor General

March 18, 2025 | 4:02pm

MANILA, Philippines — Malacañang advised Solicitor General Menardo Guevarra to assess whether he could still perform his duties following his controversial decision not to defend the national government in former President Rodrigo Duterte’s Supreme Court plea.

Members of the Duterte family separately filed a habeas corpus petition before the Supreme Court challenging the International Criminal Court (ICC) arrest of the former president. Guevarra recused himself from the case, saying that the ICC has no jurisdiction in the Philippines.

The Solicitor General is tasked with defending the government in court cases. Guevarra’s recusal has only fueled the Duterte camp’s assertion that the ICC arrest was illegal.

However, the Palace maintained that none of Guevarra’s actions contradicted the government's stance. Malacañang reiterated that the Philippines was not cooperating with the ICC, but with Interpol.

“Mas maganda po kung mismo si SolGen ang mag-assess sa sarili niya kung siya pa po ba ay nararapat na tumayo bilang Solicitor General,” Palace Press Officer Claire Castro said. 
(It is better if SolGen assess himself if he can still stand as the Solicitor General.) 

Castro said that if Guevarra felt he could not defend the government, that was his personal stance. However, the respondents in the Supreme Court case must still respond to the petition filed by Duterte’s children.

The Palace official added that since the case was filed during official duty, the government would provide assistance to the respondents.

The respondents in the habeas corpus petition include Executive Secretary Lucas Bersamin, Justice Secretary Jesus Crispin Remulla, Interior Secretary Jonvic Remulla, Police Chief Rommel Marbil, Solicitor General Menardo Guevarra, and others.

In a message to reporters, Guevarra said that the Solicitor General is not just the government’s counsel, but also the people’s tribune.

When pressed on whether he would remain as Solicitor General following his decision to recuse himself, Guevarra said, "Only the president can say that."

Guevarra had served as Secretary of the Department of Justice (DOJ) during Duterte’s administration when the controversial anti-drug campaign was carried out.

The ICC is referred to as the court of last resort, meaning that cases are typically brought there when local courts are believed to have failed in delivering justice. One of the main criticisms of the drug war was the low prosecution rates for victims of extrajudicial killings (EJKs).

The DOJ under President Ferdinand Marcos Jr. has since begun investigating EJK cases in 2024.

Duterte is currently in The Hague to stand trial before the ICC for crimes against humanity. His arrest has sparked outrage among his supporters, while also bringing relief to many families of EJK victims.

At least 6,000 people were killed in drug operations, though human rights groups estimate the number could reach 30,000. Cases of poor individuals being executed and later labeled as drug traffickers by police have been widely reported by local media.