OSG inhibits from defending Marcos govt’s position on Duterte arrest

Mr Rodrigo Roa Duterte makes his initial appearance before Pre-Trial Chamber I of the International Criminal Court. on Friday, 14 March 2025, at 14:00 hours (The Hague local time).  —Photo ©ICC-CPI

MANILA, Philippines — The Office of the Solicitor General (OSG) has recused itself from the consolidated habeas corpus cases filed by the children of former President Rodrigo Duterte.

“Considering the OSG’s firm position that the ICC (International Criminal Court) 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 respodents in these cases and is constrained to recuse itself from participating therein,” the OSG, led by Solicitor General Menardo Guevarra,said in its manifestation submitted before the Supreme Court Monday afternoon.

Guevara was the secretary of the Department of Justice under the Duterte administration.

Named respondents in the petition include Executive Secretary Lucas Bersamin, Justice Secretary Jesus Crispin Remulla, the Philippine National Police, the Bureau of Immigration, and the military.

The Duterte siblings filed separate petitions for habeas corpus.

Habeas corpus is a legal remedy available to address illegal confinement or detention, or to determine the rightful custody over a person.