The Market Monitor Minding the Nation's Business
The Supreme Court (SC) allowed the Office of the Solicitor General (OSG) to continue representing the government in cases that challenged the legality of the arrest of former president Rodrigo Duterte who was turned over to the International Criminal Court (ICC) last March.
The high tribunal granted OSG’s manifestation to re-enter its appearance as the government’s counsel after the institution earlier inhibited from participating in the petition for certiorari last March.
Former Solicitor General Menardo Guevarra earlier recused from the petition, saying he “may not be able to effectively represent” the government in the cases over its firm stance that the Philippines has no legal obligation to cooperate with the ICC nor recognize any process emanating from the ICC because of the country’s withdrawal from the Rome Statute in 2019.
With the SC decision, the Department of Justice (DOJ) has taken over the consolidated petitions of the Duterte family and Sen. Ronald dela Rosa questioning the reported ICC arrest warrant against Dela Rosa.
Paolo Duterte – acting as legal counsel of Veronica Duterte, one of the children of the former president who filed a habeas corpus over her father’s arrest – said it does not matter who represents the government in the case.
He said, “You cannot defend the indefensible. Treason cannot be disguised as international cooperation, and submission to the Constitution cannot be optional. Former solicitor general Menardo Guevarra got it right the first time.”
Atty. Israelito Torreon, another counsel of Duterte and Dela Rosa, said they filed a reply to the OSG’s manifestation that “responds to all arguments raised”.
He said Republic Act No. 9851, the law invoked by government to justify Duterte’s turnover to the ICC, cannot be invoked because the Philippines has no extradition treaty with ICC. He added no executive agency may enforce any foreign warrant without a judicial warrant issued by a Philippine court under Article III, Section 2 of the Constitution.
Incumbent Solicitor General Darlene Marie Berberabe earlier defended her decision to re-enter the OSG’s appearance, saying it was “based on our totality of the facts, including those that have unfolded since March 2025 and our understanding of the law as it should apply to those facts.”
Meanwhile, Vice President Sara Duterte said her father has already accepted the denial of his appeal for interim release.
“He always said ‘I accept everything that happened, because its’ all political. I am a politician, and that’s how political life is,’” the Vice President said while visiting his father at The Hague.
Earlier, the ICC Appeals Chamber issued in open court its unanimous decision denying the appeal by the Duterte’s lawyers for conditional release to another country.