MANILA (UPDATE) — The Department of Justice (DOJ) is now the government's legal representative in the Supreme Court (SC) case questioning the arrest and transfer of former President Rodrigo Duterte to the custody of the International Criminal Court (ICC).

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Justice Secretary Jesus Crispin Remulla confirmed the DOJ has already submitted its comment on the petitions for habeas corpus filed by Davao City 1st District Rep. Paolo Duterte, Davao City Mayor Sebastian Duterte and Veronica Duterte.

“We were given authorization by the Executive Secretary to, kami na ang sumagot, OK na, nabigay na namin ang comment namin kahapon,” Remulla said on Tuesday.

This, after the Office of Solicitor General (OSG), the government's default lawyer, opted out of the case, citing conflict in previous positions. 

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“Considering the OSG's firm position that the ICC is barred from exercising jurisdiction over the Philippines... the OSG may not be able to effectively represent Respondents in these cases and is constrained to recuse itself from participating herein,” Solicitor General Menardo Guevarra said in his motion filed Monday.

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Duterte was arrested Tuesday last week after the Interpol served the arrest warrant issued by the ICC. He was sent to The Hague, Netherlands on the same day.

President Marcos said the Philippine government cooperated with the Interpol and not with the ICC in delivering Duterte to The Hague.

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Asked if it is still possible to ask the International Criminal Court to bring back Duterte to the Philippines, Remulla said that might not be possible.

“Wala na iyon, tapos na iyon, it’s a done deal already,” he said.

Remulla refused to divulge the details of the arguments they presented to the court.

“Hayaan na natin, iyong dokumentong binigay namin sapat na iyon para sagutin ang mga sinabi nila sa korte,” Remulla said.

Meantime, Remulla refused to comment on Guevarra’s recusal to represent the government before the Supreme Court. 

“I will not speak about the comment because it is with the court right now,” Remulla said.

Former Senior Associate Justice Antonio Carpio said Marcos should consider firing Guevarra over his refusal to defend the government in the Duterte case.

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