Berberabe on OSG’s challenges and balancing acts
When Darlene Berberabe was appointed Solicitor General in May, her first order of business was to meet about 300 lawyers across the 10 divisions of her new agency and ask them directly about the challenges they faced.
What the former University of the Philippines (UP) law school dean learned was really nothing new for any legal unit of the government.
At the top of the list was the sheer volume of work at the Office of the Solicitor General (OSG). It currently has more than 450,000 active cases, with each lawyer handling an average of 1,500.
Civil cases accounted for the largest share at 22 percent, followed by marriage-related cases at 17 percent, while criminal cases and other matters each made up roughly 17 percent.
As she probed deeper, Berberabe identified a long-standing, unofficial practice that contributed to the steadily growing caseload: an “automatic appeal” policy in annulment cases adopted under a previous Solicitor General, who, for instance, favored “keeping the marriage intact no matter what.”
Under this approach, cases were routinely appealed and left for the Court of Appeals or the Supreme Court to decide whether the lower court ruling was correct.
This practice, she told the Inquirer, was one of the factors driving the continuous increase in cases handled by the OSG.
‘Simpler’ solution
But instead of immediately seeking additional manpower, Berberabe opted for a “simpler” solution of requiring OSG lawyers to assess, on a case-by-case basis, whether there were truly “good grounds” to file an appeal.
“Based on the reaction of the divisions and the lawyers, [it] was empowering and inspiring also for each one to have felt that it’s possible to contribute independently and really take seriously our role as counsel for the Republic,’” Berberabe said in a recent interview.
That “single and simple step,” as she described it, served as a reminder to lawyers that they are trusted to make their own determinations.
The shift away from automatic appeals, she emphasized, does not apply only to marriage-related or annulment cases. In drug cases and other types of litigation, the office is now taking a more introspective approach.
“Of course, our client is the PNP (in drug cases) so we need to appeal because when we asked the client, they [want] to appeal until the end. But for me, if the facts are glaring, if there were clear violations of due process, if there were violations of the procedures that the PNP was required to observe, or if the BIR (in another case) committed violations in issuing its letter of authority, then we can pause and tell our client that, based on our assessment, the Regional Trial Court’s acquittal was correct and we will no longer appeal,” she said.
After all, Berberabe said, this approach goes to the core of the OSG’s mandate: “We now take a broader view of the other cases so we are able to see and make that determination. Is it worth the time of our solicitor? Is it worth the money that is being paid by the public for us to represent the Republic?”
Beyond scrapping the unofficial automatic appeal policy, Berberabe said, the OSG is also developing a template to guide lawyers in handling cases, anchored on the latest Supreme Court jurisprudence.
At the same time, the office is working to strengthen capacity building for its lawyers, improve digital systems, and address physical infrastructure concerns—an urgent issue especially for an agency spread across three separate buildings.
Duterte case
Berberabe assumed office on May 29 amid the continuing controversy from the arrest of former President Rodrigo Duterte and his turnover to the International Criminal Court (ICC). These actions were challenged by Duterte’s family at the Supreme Court.
Her predecessor, Menardo Guevarra, however, opted not to participate in the proceedings, citing the OSG’s “consistent” position that the ICC no longer exercised jurisdiction over the Philippines.
On Dec. 1, the OSG now under Berberabe informed the Supreme Court that it would again represent the officials cited in the petition challenging Duterte’s arrest and handover to the ICC, where he faces charges of crimes against humanity over his bloody war on drugs.
Asked whether the move was part of efforts to restore public trust in the OSG, Berberabe said: “It is my hope that the public will see it as a determination that I think is supportive of what is good for the public.”
“Every decision that I make, I need to make that determination. Do I think that this is supportive of the public interest, not really just supportive of political positions or political personalities? And you know, sometimes it is exhausting, but to me, I need to make that determination for myself so that I can give justice to the role that is entrusted to me,” she added.
Gov’t agencies as ‘clients’
As the government’s principal legal officer and defender, Berberabe underscored the balancing act required in cases involving multiple branches of government, such as the impeachment case against Vice President Sara Duterte.
“The motion for reconsideration for the impeachment was hard because we represented there Congress. But as counsel for the Republic, the Senate is also our client in our cases. The Office of the President is also a client in our cases. The executive secretary,” she said.
“So when you have a case like that where all of these stakeholders are all your clients but I couldn’t be sure whether they have the same position or interests, that’s a lot of balancing. And so again, I try to rely more on my gut because I think that when you age, when you have experienced a lot from different sectors, you wish that you have also developed a lot of wisdom and you just rely on that wisdom,” Berberabe added.
For school, for daughter
Mindful of the OSG’s sensitive role, Berberabe said she takes care not to preempt what her principal may want to say or do in ongoing cases, which is why she rarely appears in public or speaks to the media. Still, she assured the public that she approaches her work seriously and remains grounded.
“I don’t want to bring shame to UP. I don’t want to bring shame to the schools I attended in elementary and high school. I don’t want to bring shame to my parents, and I don’t want to bring shame to my daughter. Those are very strong values for me, and that’s why I’m here-to do this job and serve the public with integrity,” Berberabe said.
“I just hope that after my stint here, people will continue to trust the Office of the Solicitor General as the tribune of the people,” she added.
