Legal professionals shared their thoughts Tuesday on the Manifestation of Recusal filed by the Office of Solicitor General (OSG) to represent the government in the consolidated petitions for habeas corpus to bring back former President Rodrigo Duterte in the country.
Solicitor General Menardo Guevarra, who served as justice secretary in the Duterte administration, said the OSG may not be able to effectively represent respondent government officials since the International Criminal Court (ICC) is barred from exercising jurisdiction over the Philippines.
In an interview with Manila Standard, lawyer Burt Estrada—former president of the Integrated Bar of the Philippines (IBP)—said the OSG should be the counsel for the government, its instrumentalities, officials, and agents.
In this case, he explained there seems to be a conflict in the OSG’s mandate as well as its position despite the similar stance of President Ferdinand Marcos Jr. that ICC currently has no jurisdiction in the country at the moment.
For his part, Tarlac State University-School of Law (TSU-SOL) Dean Jose Dela Rama, Jr. noted that in this situation, “it is the Supreme Court (SC) that will ultimately decide on the case after hearing the position of both sides.”
“The OSG is by law mandated to defend and represent the government and or its officers in cases that need to be represented by the said office, whether its position is against or in favor. It is mandated by law as the law office of the Republic to represent its clients,” he said.
In the manifestation filed by the OSG, it has made its position as stated therein, according to him.
In a separate interview with Teleradyo Serbisyo, former Senior Associate Justice Antonio Carpio said the OSG’s current stance runs counter to the government’s position. He noted that Guevarra serves at the pleasure of the sitting president such that he can be fired anytime.
Earlier, another former IBP president Domingo Cayosa, is of the same opinion that Guevarra should let others hold the position to accomplish its mandate. In the structure of the government, the OSG is the lawyer for the Republic, Cayosa said.
For his part, Guevarra insisted he has no conflict of interest and the OSG’s recusal is not personal but institutional.
Justice Secretary Jesus Crispin Remulla confirmed on Tuesday that the Department of Justice (DOJ) will be representing the government in the case.
The SC received the Consolidated Compliance filed by DOJ Officer-in-Charge Undersecretary Nicholas Felix Ty, who was authorized to represent the respondents in this case.
Estrada is of the opinion that the DOJ’s representation is ‘perfectly valid’ as they are also primary counsel for government agencies and officers.