SC approves OSG’s move to re-enter case linked to Duterte’s ICC arrest

THE Supreme Court (SC) en banc has approved the Office of the Solicitor General’s (OSG) request to resume representing government respondents in the consolidated case involving former President Rodrigo R. Duterte, Senator Ronald M. Dela Rosa, and the Philippines’ cooperation with the International Criminal Court (ICC).

In a press briefer, the high court said that during its Dec. 3 session, the high court granted the OSG’s Manifestation with Entry of Appearance. The office, led by Solicitor General Darlene Marie Berberabe, had formally notified the Court on Dec. 1 of its intent to re-enter the proceedings and requested copies of all related court issuances to ensure full participation.

The case originated from a Petition for Certiorari and Prohibition filed by Mr. Duterte and Mr. Dela Rosa, which challenged the legality of the former president’s March 11 arrest and transfer to The Hague, Netherlands, where he faces allegations of crimes against humanity linked to the government’s anti-drug campaign.

The petition also questioned the government’s role in cooperating with the ICC and in surrendering Mr. Duterte to international authorities.

The SC previously denied request for a temporary restraining order (TRO) to halt the transfer, instead directing respondents to file their comments on the petition.

Subsequently, Mr. Duterte’s children filed separate petitions seeking to compel the government to return their father to the Philippines.

The OSG will represent key government officials involved in Mr. Duterte’s arrest and transfer, including former Executive Secretary Lucas Bersamin, Interior and Local Government Secretary Jonvic Remulla, former Foreign Affairs Secretary Enrique Manalo, Armed Forces of the Philippines Chief Gen. Romeo Brawner, Jr., former Philippine National Police (PNP) Chief Gen. Rommel Francisco Marbil, and former PNP-CIDG Director Gen. Nicolas Torre III.

The OSG’s re-entry reverses the previous position of former Solicitor General Menardo I. Guevarra, who had maintained that the Philippines had no obligation to cooperate with ICC proceedings following its withdrawal from the Rome Statute in 2019.

In a statement on Thursday, Davao-based lawyer Israelito P. Torreon, counsel for the Duterte camp, said, “We acknowledge the Press Briefer issued by the Supreme Court Office of the Spokesperson confirming that the Office of the Solicitor General has been allowed to resume its role as counsel for the respondents.”

Mr. Torreon added that the petitioners had filed a comprehensive reply on Dec. 3, addressing the OSG’s comments. “The Reply responds to all arguments raised, including the OSG’s positions on ripeness, justiciability, the propriety of the petitioners’ Very Urgent Manifestation with Reiterative Prayer for TRO and injunctive reliefs, the existence of supervening events, and the OSG’s sudden re-entry into the case after previously withdrawing with leave of the Supreme Court,” he said. — Erika Mae P. Sinaking