The Office of the Solicitor General (OSG) has filed a manifestation before the Supreme Court seeking to re-enter its appearance in the pending petition for certiorari filed by former President Rodrigo Duterte and Senator Bato dela Rosa.
The petition, initiated by lawyer Israelito Torreon, challenges the March 11, 2025 arrest and transfer of Duterte to the International Criminal Court.
The OSG initially recused itself on March 24, 2025 under then–Solicitor General Menardo Guevarra, citing its position that the ICC lacked jurisdiction over the Philippines.
Following Guevarra’s resignation, former UP College of Law Dean Darlene Berberabe was appointed Solicitor General on May 29, 2025.
Torreon posted the OSG’s new manifestation online, where the office stated: “After due consideration, the OSG hereby enters its appearance anew as counsel for all the Respondents in the above-captioned case.”
Torreon opposed the move, arguing that the OSG should not be allowed to resume its role, stressing: “Institutional positions cannot be abandoned and revived on an ad hoc basis, depending on the political weather.”
Berberabe, in a statement, underscored the OSG’s mandate as the government’s statutory counsel, saying: “As counsel, it is our foremost duty to appear and represent the interest of the government, especially in cases of utmost importance.”
She added that the decision to re-enter is grounded on a review of all relevant developments since the OSG’s recusal in March 2025.
“We will address the intricacy of the legal issues involved in the case before the Supreme Court as mandated by our rules and the demands of ethics,” she said.