SC grants SolGen reappearance in Duterte’s ICC arrest case

Metro Manila, Philippines – The Supreme Court has granted the Office of the Solicitor General’s manifestation to reappear as the government’s lawyer in petitions challenging the arrest of former President Rodrigo Duterte. 

In a presser, the SC said it is “allowing the OSG to resume its role as counsel for the 

respondents in the case” filed by Duterte and Senator Ronald “Bato” Dela Rosa. 

The OSG’s reversal comes eight months after it recused itself from the proceedings under the stint of then-Solicitor General Menardo Guevarra.

Guevarra previously argued that the country had no obligation to cooperate with the International Criminal Court’s (ICC) processes following its withdrawal from the Rome Statute in 2019.

Now under the leadership of Darlene Berberabe, the office filed a Manifestation with Entry of Appearance on Monday, Dec. 1, informing the SC En Banc that it would represent the government in the cases moving forward.

The OSG requested that it be given copies of all relevant court issuances and submissions at its office. 

The case stems from a Petition for Certiorari and Prohibition filed by Duterte and Dela Rosa which challenged the legality of the former president’s arrest on March 11, where he was flown to The Hague, Netherlands on the same day. 

The petition also questioned the government’s cooperation with the ICC and the turnover of the former president to international authorities.

The SC denied Duterte and dela Rosa’s request for a Temporary Restraining Order (TRO) to halt his transfer and ordered the respondents to file their comment.

Duterte’s children, Davao City First District Rep. Paolo Duterte, Davao City Mayor Sebastian Duterte, and Veronica Duterte, then filed separate petitions before the SC, aiming to compel the government to bring back their father to the country. 

The OSG will be representing top officials who participated in Duterte’s arrest and transfer, including former Executive Secretary Lucas Bersamin, Interior and Local Government Secretary Jonvic Remulla, former Foreign Affairs Secretary Enrique Manalo, Armed Forces of the Philippines Chief Gen. Romeo Brawner Jr., former Philippine National Police Chief Gen. Rommel Francisco Marbil and former PNP-CIDG Director Gen. Nicolas Torre III.

Duterte is still detained in an ICC detention center at The Hague after the tribunal’s appeals chamber rejected his plea for an interim release in November.