Malacañang said Tuesday Solicitor General Menardo Guevarra should assess himself if he is still fit to lead the Office of Solicitor General (OSG) amid calls for his resignation following his recusal to present the government against the Supreme Court petition filed by former President Rodrigo Duterte’s camp.
In a Palace briefing, Presidential Communications Office (PCO) Undersecretary Claire Castro said Guevarra’s decision to recuse was due to personal reasons, citing his statement that he could not represent the government effectively against the case.
“He wants to be—to recuse himself to represent because he cannot effectively represent the government,” Castro said. “So, if he won’t be able to defend the government, the government officials who responded to Interpol, perhaps that was just based on his own feelings.”
Guevarra, however, categorically stated that his position to opt out of defending the government against the petition was “institutional” on the part of the OSG and not “personal.”
He issued this statement in response to former Integrated Bar of the Philippines president Domingo Cayosa, who called for his resignation.
“I have no conflict of interest. The OSG represents the interest of the Republic vis-à-vis the ICC (International Criminal Court) and no other interest. Our recusal is not personal; it is institutional,” he said.
Asked if Guevarra’s recusal would warrant a resignation, Castro said should evaluate himself.
“He should assess himself,” Castro said.
In a manifestation Guevarra submitted to the SC on Monday, he stated that it cannot defend the government in the petition due to his position that the ICC has no jurisdiction during Duterte’s term.
“Considering the OSG’s firm position that the ICC is barred from exercising jurisdiction over the Philippines and that the country’s investigative, prosecutorial, and judicial system is functioning as it should, the OSG may not be able to effectively represent Respondents in these cases and is constrained to recuse itself from participating therein,” he said.
Asked on calls for his resignation, Guevarra said that it is President Ferdinand Marcos’ exclusive call. “The president alone can say if he still trusts me,” he said.