The Supreme Court has allowed the Office of the Solicitor General (OSG) to resume representing the government in petitions questioning the arrest and transfer of former President Rodrigo Duterte to the International Criminal Court (ICC).
In a press briefing, the Court confirmed it is “allowing the OSG to resume its role as counsel for the respondents in the case” filed by Duterte and Senator Bato Dela Rosa.
The move marks a reversal from eight months ago, when then–Solicitor General Menardo Guevarra recused the OSG, arguing the Philippines had no obligation to cooperate with ICC proceedings after withdrawing from the Rome Statute in 2019.
Under new Solicitor General Darlene Berberabe, the OSG submitted a Manifestation with Entry of Appearance on December 1, formally informing the SC En Banc that it would take over the government’s legal representation. The office also requested copies of all relevant pleadings and issuances.
The case originated from a Petition for Certiorari and Prohibition filed by Duterte and Dela Rosa challenging the legality of Duterte’s March 11 arrest, when he was flown to The Hague the same day. The petition also contested the government’s cooperation with the ICC and the handover of the former president to international authorities.
The Supreme Court earlier denied their request for a Temporary Restraining Order (TRO) to stop the transfer and directed respondents to submit their comments. Duterte’s children later filed separate petitions seeking to compel the government to bring him back to the Philippines.
The OSG will now represent several top officials involved in Duterte’s arrest and transfer, including former Executive Secretary Lucas Bersamin, DILG Secretary Jonvic Remulla, former DFA Secretary Enrique Manalo, AFP Chief Gen. Romeo Brawner Jr., former PNP Chief Gen. Rommel Francisco Marbil, and former PNP-CIDG Director Gen. Nicolas Torre III.
Duterte remains detained at an ICC detention facility after the tribunal’s appeals chamber rejected his request for interim release in November.