The Supreme Court (SC) on Thursday announced its decision allowing the Office of the Solicitor General (OSG) to defend the government in the petition for certiorari filed by former President Rodrigo Duterte and Senator Ronald ‘Bato’ Dela Rosa.
In its En Banc session, the High Tribunal granted the Manifestation with Entry of Appearance filed by the OSG, allowing it to resume its role as counsel for the respondents in the case.
The petition challenges the arrest of Duterte as well as the Philippine government’s cooperation with the International Criminal Court (ICC).
On Monday, the OSG informed the SC that it was entering its appearance as counsel for the respondents. Earlier, former Solicitor General Menardo Guevarra excused the OSG from representing the government.
The Department of Justice (DOJ) welcomed the development, noting it is “in keeping with the OSG’s role as the principal legal representative of the Republic.”
“We are confident in the OSG’s ability to exercise its legal mandate in representing the Republic’s interest as the ends of justice may require. The DOJ can now focus more on its mandated functions in the administration of the criminal justice system,” said justice spokesperson Polo Martinez.
In an exclusive interview with Manila Standard, lawyer Paolo Panelo Jr., legal counsel for Veronica “Kitty” Duterte, believes that the case is indefensible.
“It does not matter who represents the government because you cannot defend the indefensible. Treason cannot be disguised as international cooperation, and submission to the Constitution cannot be optional. Former Solicitor General Menardo Guevarra got it right the first time,” he said.
He explained that it was Guevarra’s prerogative to recuse the OSG from representing the government in the same manner that Solicitor General Darlene Berberabe decided to appear as state counsel.
“The SC should decide the petitions in accordance with the established facts and applicable law, nothing more. It should not exercise judicial restraint in favor of an international court without jurisdiction,” said Panelo Jr.
In a separate interview, lawyer Israelito Torreon shared that the OSG’s change of stance may affect its credibility.
“It would affect its credibility because it is SolGen. The best lawyers are with the SolGen and before they make a legal stand, it is subjected to discussions [and] theory buildings. It is not easy to change its theory,” he said.
Editor’s Note: This story has been updated. Originally posted with the headline “SC allows SolGen as counsel for gov’t in Rody’s habeas corpus petition.”
