SolGen must assess himself for refusal to defend Marcos admin on Duterte’s ICC arrest - Palace

Metro Manila, Philippines – Malacañang urged Solicitor General Menardo Guevarra to assess whether he is still fit to serve as the government’s counsel after his office chose not to defend the Marcos administration before the Supreme Court (SC) regarding the arrest of former President Rodrigo Duterte.

The Office of the Solicitor General (OSG) filed a manifestation of recusal with the SC on Monday, March 17, stating that the “government has no legal obligation to cooperate with the ICC.”

Communications Undersecretary Claire Castro clarified that this move does not contradict the position of President Ferdinand Marcos Jr. on the International Criminal Court (ICC).

“Binanggit lamang po niya na siya po ay naniniwala na walang hurisdiksiyon ang ICC sa Pilipinas. Iyan din naman po ang tinuran noon pa ng Pangulo. Pero hindi po niya nabanggit kailanman sa kaniyang manifestation na mali ang pakikipagtulungan ng gobyerno sa Interpol, iyon po,” Castro said in a Palace briefing on Tuesday, March 18.

[Translation: He only stated that he believes the ICC has no jurisdiction over the Philippines, which has been the President’s position all along. However, he never mentioned in his manifestation that cooperating with Interpol was wrong]

The Palace official added that it is time for Guevarra to reflect on whether he can still serve as the government's legal representative.

“Siguro po 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,” she added.

[Translation: Perhaps it would be best if the Solicitor General himself assessed whether he is still fit to hold his position]

Castro also stated that the government will respond to the Supreme Court’s order to explain why a writ of habeas corpus should not be issued for former President Duterte.

When asked whether Guevarra’s decision to recuse himself was influenced by his previous role as Duterte’s justice secretary, Castro said the matter has not been discussed yet.

“We have not talked about that but we know that he will recuse himself from representing the government and if it is related with his former post as DOJ Secretary… we have not yet discussed that,” she said.

The Department of Justice will be the counsel of the government officials listed as respondents in the consolidated petitions.