SolGen wants no part in Du30 petitions in SC
- SolGen Menardo Guevarra’s reason for recusal from the Duterte petitions at the SC? It cannot “effectively represent” the government due to its consistent stance that the ICC has no jurisdiction over PH.
- Recusal is the legal term that means a party named in a suit wants to be excused from participating in the proceedings.
- Guevarra noted the government’s “sovereign decision” to withdraw from the Rome Statute in 2018 that took effect on March 17, 2019, maintaining that the Philippine government has no legal obligation to cooperate with the ICC nor recognize any process emanating from the ICC following the country’s withdrawal.
- Guevarra was Duterte’s justice secretary from 2018 to 2022.
The Office of the Solicitor General (OSG) is seeking to recuse itself from the consolidated habeas corpus petitions filed by the children of former President Rodrigo Duterte, citing its inability to “effectively represent” the government respondents due to its consistent stance that the International Criminal Court (ICC) has no jurisdiction over the Philippines.
In a brief manifestation and motion filed on Monday, the OSG asked the Supreme Court to note and favorably consider its recusal, pointing out that the office has long maintained that the Philippines’ case is inadmissible before the ICC and that the international tribunal failed to timely exercise its jurisdiction.
A writ of habeas corpus is a legal remedy that protects individuals from unlawful detention or imprisonment, while recusal is the legal term that means a party named in a suit wants to be excused from participating in the proceedings.
“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 therein,” it pointed out.
The OSG filed the manifestation following the show-cause order issued by the high tribunal on March 13, directing the government to explain why the petitions for a writ of habeas corpus separately filed by Veronica Duterte (G.R. No. 278768), Davao City Mayor Sebastian Duterte (G.R. No. 278763), and Davao City Rep. Paolo Duterte (G.R. No. 278798) should not be granted.
A day after their father was arrested and turned over to the ICC, Duterte’s children asked the Supreme Court to compel the government to bring back their father from The Hague, the Netherlands, where he is detained to face charges for crimes against humanity over the alleged extrajudicial killings in his vicious war on drugs.
No legal obligation
They questioned, among other things, the constitutionality of the government’s cooperation with the ICC and International Criminal Police Organization (Interpol) in enforcing the arrest warrant against their father.
The OSG, citing its “steadfast adherence” to the government’s “sovereign decision” to withdraw from the Rome Statute in 2018 that took effect on March 17, 2019, maintained in its motion that the Philippine government has no legal obligation to cooperate with the ICC nor recognize any process emanating from the ICC following the country’s withdrawal.
The manifestation was signed by Solicitor General Menardo Guevarra, who was Duterte’s justice secretary from 2018 to 2022.
Before joining the government, Guevarra was involved in private litigation practice as a founding partner of the Medialdea Ata Bello Guevarra and Suarez law firm since 1990, alongside former Executive Secretary Salvador Medialdea, who is now one of Duterte’s lawyers in the ICC case.
The respondent government officials named in the consolidated petitions included Executive Secretary Lucas Bersamin, Justice Secretary Jesus Crispin Remulla, Interior Secretary Jonvic Remulla, PNP chief Gen. Rommel Marbil, Maj. Gen. Nicolas Torre III, Guevarra, Foreign Secretary Enrique Manalo, Armed Forces of the Philippines chief of staff Gen. Romeo Brawner Jr., Philippine Center on Transnational Crime Executive Director Lt. Gen. Antonio Alcantara, Capt. Johnny Gulla, Capt. Elmo Segoria, and former Immigration Commissioner Norman Tansingco.
It was not immediately clear who will represent the respondents following the OSG’s recusal, but Guevarra told reporters that the respondents may file their own respective manifestations to comply with the Supreme Court’s order.
In addition to its manifestation and motion to recuse, the OSG also filed a separate motion on Monday to drop the solicitor general as a respondent in the consolidated cases.
Senate probe
In Congress, Sen. Imee Marcos is set to hold on Thursday an inquiry into the arrest of Duterte to establish whether due process was followed and to ensure that the former president’s legal rights were not only upheld but protected, especially given the involvement of Interpol and the ICC.
Marcos, chair of the Senate foreign relations committee, said she would invite officials from the Philippine National Police, Department of Transportation, Department of Justice, Department of Foreign Affairs, and the National Security Council, among others.
“The Senate must address these critical concerns to uphold the country’s jurisdiction and to clarify policies governing our law enforcement agencies and their engagement with international tribunals,” Marcos, President Marcos’ sister, said in a statement.
Meanwhile, a legal expert on Monday said the government could not do anything to bring back Duterte since only the ICC holds his fate.
Lawyer Joel Butuyan laid down possible scenarios that would prompt Duterte’s release from ICC jurisdiction, such as the court granting his interim release.
However, Butuyan, an ICC-accredited lawyer and Inquirer columnist, explained that there has to be an “essential requirement” in applying for interim release, that there must be no risk of flight or tampering with evidence and no danger of potential intimidation of witnesses.
However, due to the “ongoing political unrest” caused by the protests of Duterte’s allies, all these risks are “present and I’m sure the ICC judges will take note,” Butuyan said.
He also dismissed the possibility of the ICC considering Duterte’s release due to humanitarian reasons since he is about to turn 80 on March 28. “It’s never a consideration, the age.” —WITH REPORTS FROM TINA G. SANTOS AND DEMPSEY REYES
