OSG wants to be excused from petitions calling to return Duterte to PH

Metro Manila, Philippines - The Office of the Solicitor General (OSG) wants to be excused from the consolidated petitions seeking to compel the government to bring back former President Rodrigo Duterte to the Philippines from the International Criminal Court (ICC) in the Hague, Netherlands.

The OSG, which stands as the government counsel, filed its manifestation of recusal with the Supreme Court (SC) on Monday, March 17.

The OSG said the “government has no legal obligation to cooperate with the ICC.”

“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 the Respondents in these cases and is constrained to recuse itself from participating herein,” the office stated.

The Philippines formally exited the Rome Statute, which formed the ICC, in March 2019. But the international body said it has jurisdiction over cases when the country was still a member. For Duerte, that means alleged extrajudicial killings when he was Davao City mayor up to his presidency, or from 2011 to 2019.

The SC, meanwhile, said it also received a motion to drop Solicitor General Menardo Guevarra as a party respondent.

Through the International Criminal Police Organization, the ICC has arrested Duterte over crimes against humanity linked to his bloody drug war.

Duterte’s children have filed separate petitions, urging the return of their father.

READ: Rep. Duterte files petition for father’s release from ICC detention

The respondents of the petitions include Executive Secretary Lucas Bersamin, Justice Secretary Jesus Crispin Remulla, Interior Secretary Jonvic Remulla, Philippine National Police (PNP) chief PGen Rommel Marbil, and PNP-Criminal Investigation and Detection Group Director PGen Nicolas Torre III.