Solicitor General Menardo Guevarra, September 16, 2019. Mark Demayo ABS-CBN News/File 

MANILA — Solicitor General Menardo Guevarra said Tuesday it was up to President Ferdinand Marcos Jr. if he would remain in office following his refusal to represent Philippine government officials in the petitions questioning former president Rodrigo Duterte’s arrest.

Guevarra on Monday declined to represent government agencies in petitions before the Supreme Court on the actions of officials which led to Duterte’s arrest. The solicitor general asserted that the ICC had no jurisdiction over the Philippines due to its 2019 withdrawal from the Rome Statute that created the tribunal.

“I leave it to the president,” Guevarra said of calls for him to resign.

Guevarra told reporters in a text message that he had no conflict of interest despite heading the justice department under the Duterte administration.

“The OSG represents the interest of the republic vis-a-vis the ICC and no other interest. Our recusal is not personal; it is institutional,” he said.

“The OSG’s position will remain the same irrespective of the personalities involved, it is the Republic’s position,” he added.   

SolGen declines to represent Philippine officials questioned on Duterte arrest

Meanwhile, Presidential Communications Undersecretary Claire Castro said Guevarra should “assess” if he “still deserves to stand” as the government’s top lawyer.

“Siguro si Sol Gen ang dapat mag-assess sa sarili niya kung siya pa ba ay nararapat na tumayo as Solicitor General,” Castro said in a Palace briefing.

“It is very important, it is very significant to get another lawyer who is very competent and very effective in defending the causes of the government,” she said.

“As of the moment, he said he cannot effectively represent the government so it comes from him. He should assess himself,” she said.

But Castro stopped short of saying if Malacañang had asked Guevarra to step down from his post.

“We have not talked about that but we know that he will recuse himself from representing the government,” she said.

“If it is related to his former post as Department of Justice Secretary, we have not yet discussed about that,” she said.

Marcos may need to fire SolGen: Carpio

Malacañang is aware that former Presidential Chief Legal Counsel Salvador Panelo and some parties were using Guevarra’s recusal to make it seem that Duterte’s arrest was unlawful, Castro said.

“He (Panelo) will make that statement favorable to their case or to their position when in fact it is very clear from the statement of Sol Gen Guevarra that he is only discussing the jurisdiction,” she said.

“Never did he (Guevarra) mention that he is against the cooperation of the government against the Interpol,” she added.

Despite the Solicitor General’s refusal to participate, Castro maintained that Guevarra did not categorically say that the arrest and the eventual turnover of Duterte to the ICC last week was illegal.

“Binanggit lamang po niya na siya ay naniniwala na walang hurisdiksyon ang ICC sa Pilipinas… pero hindi niya nabanggit kailaman na mali ang pakikipagtulungan ng gobyerno sa Interpol,” the PCO official said.

“Kung hindi niya kakayaning ipagtanggol ang gobyerno, siguro sa kaniyang damdamin lang yun,” she added.

DOJ to defend gov't in SC case questioning Duterte arrest

Duterte’s son Davao City Mayor Sebastian Duterte filed a petition for habeas corpus before the Supreme Court, and cited Executive Secretary Lucas Bersamin, Justice Secretary Jonvic Remulla and Criminal Investigation and Detection Group chief Brig. Gen. Nicolas Torre as respondents.

Instead of Guevarra’s office, the DOJ submitted the comment to the Supreme Court petition on Monday night.

In light of division between pro-Duterte and anti-Duterte protesters, Justice Secretary Jesus Crispin Remulla said the rule of law would have to prevail.

“Basta tayo, as a country, we should remain united in the spirit of justice, we just want justice to be done to all concerned, whether you are victims or they are the ones who perpetrated injustice then let justice be done, yon lang naman iyon, that should unite us as a country,” he said.