Solicitor General Menardo Guevarra announced the Office of the Solicitor General (OSG) is recusing itself from defending Philippine government officials in Supreme Court cases concerning former President Rodrigo Duterte, citing the Philippines' withdrawal from the Rome Statute and the ICC's lack of jurisdiction.
Justice Secretary Jesus Crispin C. Remulla stated that Guevarra did not have his permission to withdraw from representing the government in the lawsuit, considering the recusal a personal reason.
The OSG, an attached agency of the Department of Justice (DOJ), will be replaced by the DOJ in representing the government in the consolidated habeas corpus petitions challenging Duterte's arrest and potential transfer to the International Criminal Court (ICC).
Retired Supreme Court senior associate justice Antonio Carpio stated that Guevarra's position has become untenable and that President Marcos can fire him for begging off from representing the government.
Carpio added that Guevarra should have recused himself personally, allowing his deputies to handle the case instead of the entire agency, as the OSG's institutional recusal deprives the government of legal representation.
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