The Solicitor General Menardo Guevarra and former President Rodrigo Duterte. Michael Bagtas, Maria Tan, ABS-CBN News

MANILA (UPDATED) — Solicitor General Menardo Guevarra has declined to represent government agencies in petitions before the Supreme Court on the actions of officials which led to the arrest and transfer of former President Rodrigo Duterte to The Hague. 

Atty. Salvador Panelo, who filed the petition for habeas corpus of Davao City Mayor Sebastian Duterte, shared with the media a copy of the manifestation of recusal signed by Guevarra.

Panelo noted that Guevarra insisted the position that the Philippine government does not recognize the International Criminal Court because of the 2019 withdrawal of the Duterte administration from the Rome Statute.

“Office Sol Gen recused itself from representing the respondents because of its firm position that ICC has no jurisdiction hence it can not effectively mount a defense for the respondents,” Panelo said in a Facebook post.

Asked for confirmation of the filing, Guevarra told reporters that his motion was filed at 1 p.m.

In the document, Guevarra asked the Supreme Court to favorably consider his motion.

“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 herein,” Guevarra said in the motion.

Guevarra however did not touch on the issue of the International Criminal Police Organization officially notifying the Philippine government of the warrant.

Various government officials, led by Executive Secretary Lucas Bersamin and Justice Secretary Jesus Crispin Remulla, have consistently said that while the Philippines is no longer within the jurisdiction of the ICC, it was still a member of the Interpol.

Imee Marcos to launch Senate probe into Duterte arrest

Panelo said Guevarra's move implied that the detention and kidnapping of Duterte based on an ICC warrant is illegal and unconstitutional.

“It’s an admission that the ICC has no  jurisdiction over the Philippines coming from the government’s lawyer,” Panelo said.

“Kaya palagi ko sinasabi, kapag walang jurisdiction, lahat ng gagawin ng ICC ay ilegal. So ang pakiusap nito sa Interpol at ang pagsagot naman ng Interpol, ang pagpapatupad ng warrant of arrest ng isang institusyon na walang jurisdiction ay ilegal din,” he said in a separate phone interview.

“Ganon din ang ginawa ng gobyerno. Nung ito’y sila mismo ang nagpatupad ng warrant of arrest ng isang institusyon na wala namang kapangyarihan over us, ay ilegal din. Kaya tama ang posisyon ni SolGen dito. Pagka sa madali’t sabi, gagawa rin sya ng ilegal na aksyon. Kung ipagtanggol nya ang isang ilegal na gawain ng mga opisyales ng gobyerno at ng gobyerno.”

The Supreme Court also confirmed the filing of Guevarra’s motion.

“As of 1:03 p.m. today, March 17, 2025, the Supreme Court received the OSG's manifestation of recusal from the consolidated habeas corpus petitions filed by former President Duterte's children,” SC Spokesperson Atty. Camille Ting said.

The SC also received a motion to drop Guevarra as party respondent.

Dela Rosa: 'If they insist on bringing me to ICC then they can have me'

In the manifestation of recusal signed by Guevarra, the OSG noted its 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” in determining that they may not be able to effectively represent the respondents in these cases.

“Ang ibig sabihin po nito, the Office of the Solicitor General is recusing itself to perform a duty mandated by law for the reason that it contradicts the official position of that agency,” Panelo said.

"At ang ibig pang sabihin nito, it admits that talagang ang ICC ay walang jurisdiction at hindi sila maaring kumontra sa kanilang position. So definitely lalabag sila sa batas na kanilang sinumpaan," he continued.

“At natutuwa naman tayo na itong SolGen ay nagbunga na yung mga batikos natin na nagiging inconsistent sya sa dahil sa mga ginawa nyang mga pagfile ng submission na sa tingin natin ay parang sinasabi mo may jurisdiction ka. Pero I think, correct ang posisyon ng Solicitor General sapagkat it will be a contradiction kapag sila ay ipagtatanggol ang isang posisyon na laban at taliwas sa kanilang posisyon.”

RELATED VIDEOS: