Office of the Solicitor General recuses from defending the government against Duterte's arrest
The Office of the Solicitor General, the government’s legal representative for any case filed against it, has withdrawn from defending the government agencies questioned over the arrest of former president Rodrigo Duterte.
Both Solicitor General Menardo Guevarra and the Supreme Court confirmed that the OSG filed a manifestation and motion for recusal for the three habeas corpus petitions filed by Duterte’s children.
A habeas corpus is designed to protect individuals from illegal confinement or detention. It compels an authority holding someone in custody to bring them before a court to decide if their detention is lawful. Three habeas corpus petitions were filed before the SC by Davao City Rep. Paolo Duterte, Davao City Mayor Sebastian Duterte, and Veronica Duterte.
They sought the release of their father, who is currently detained at The Hague Penitentiary Institution following his arrest by the International Criminal Court over his alleged crimes against humanity.
The motion for recusal reiterated the OSG’s stance that the Philippines has no legal obligation to cooperate with the ICC since the country’s withdrawal from the Rome Statute in 2019.
The motion read, “Considering the OSG's firm position that the ICC is barred from exercising jurisdiction over the Philippines and that the country's investigative, prosecutorial, and judicial system is functioning as it should, the OSG may not be able to effectively represent Respondents in these cases and is constrained to recuse itself from participating herein.”
It added that the OSG will not file a comment on behalf of the respondents of the habeas corpus cases: Executive Secretary Lucas Bersamin, Justice Secretary Jesus Crispin Remulla, Philippine National Police Chief Gen. Rommel Francisco Marbil, and Criminal Investigation and Detection Group Director Maj. Gen. Nicolas Torre III. Solicitor General Guevarra has yet to say who will file the respondents’ comments on the case.
Meanwhile, former Associate Justice Antonio Carpio said that questioning the legality of Duterte’s arrest will not deprive the ICC of the jurisdiction to hear his case.
Carpio added that the arrest is done by the surrendering state—the Philippines—and thus the ICC has nothing to do with the “illegal” arrest.
On March 11, Philippine authorities assisted the International Criminal Police Organization in serving the ICC’s warrant of arrest against Duterte. Duterte’s lawyer Salvador Medialdea has since told the ICC during the pre-trial that his client’s arrest was a “pure and simple kidnapping.”
Duterte is currently detained at the ICC’s detention center in Scheveningen, awaiting his next hearing on Sept. 23. (with reports from Daphne Galvez)