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Thursday, March 27, 2025
26.8 C
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Thursday, March 27, 2025

Guevarra’s recusal fiasco

Estimated reading time: 3 minutes and 57 seconds
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“Pulling the entire OSG out of the fray instead of just stepping aside himself isn’t principled—it’s a gutless bailout”

WHEN the chief legal defender of a sitting president refuses to fight his battles, it’s not just a setback—it’s a five-alarm political fire.

Solicitor General Menardo Guevarra’s abrupt recusal from defending the Marcos administration against the ICC’s long shadow is more than legal hesitation; it’s an implosion.

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And yet, Malacañang insists Marcos Jr. still ‘trusts’ him. If that’s not political theater at its finest, it’s willful blindness.

This isn’t just a misstep—it’s a legal meltdown, a crisis of confidence, and a front-row seat to a government unraveling.

Let’s break down the devastation with unflinching clarity.

Guevarra’s recusal torpedoes govt’s case

The Solicitor General isn’t a bystander—he’s the government’s legal gladiator.

Guevarra’s recusal from the Supreme Court case—where Duterte’s kids are fighting their father’s ICC arrest—didn’t just sideline him; it left Marcos legally defenseless in a global spotlight.

His justification? The ICC has no jurisdiction over the Philippines post-2019 Rome Statute exit. Fine, but pulling the entire OSG out of the fray instead of just stepping aside himself isn’t principled—it’s a gutless bailout.

Justice Antonio Carpio, a legal titan, calls Guevarra’s position “untenable,” and he’s dead-on.

Carpio argues Guevarra should’ve recused himself solo, letting OSG deputies carry the flag.

That’s not opinion—it’s rooted in the OSG’s mandate as the government’s voice in court (Solicitor General v. MMA, G.R. 102782, 1991).

Instead, Guevarra’s blanket retreat shredded any semblance of a unified legal strategy. The Supreme Court can’t even touch Duterte now—he’s in The Hague, beyond their reach—making this habeas corpus bid a Hail Mary.

Guevarra’s absence didn’t clarify; it handed Duterte’s camp a PR coup: Marcos’s own lawyer won’t fight. Legal malpractice doesn’t get uglier than this.

Marcos vs. Duterte, Round One

This isn’t just law—it’s a political bloodbath. The Marcos-Duterte pact, a shaky truce at best, is cracking wide open.

Guevarra’s recusal screams disarray, pitting Marcos’s leadership against Duterte’s legacy in a public cage match.

Senator Imee Marcos’s Senate investigation isn’t just oversight—it’s a calculated jab from a Duterte ally, turning family ties into political leverage. Marcos Jr. is trapped: back Guevarra and piss off the Duterte faithful, or cut him loose and look like a pushover.

Leila de Lima’s piling on, demanding Guevarra’s head, and she’s got a point—it’s a signal to human rights hawks that Marcos might be waffling on Duterte’s drug war reckoning.

Public perception’s tanking fast—Philstar’s March 21 editorial (Chief gov’t lawyer) calls it a “lack of teamwork,” with whispers of Guevarra’s ouster swirling.

Marcos’s “trust” line feels like a lifeline to a sinking ship, but it’s the administration taking on water. This isn’t governance—it’s a circus, and the ringmaster’s lost the whip.

Ethical quicksand

Ethically, Guevarra’s drowning in his own history.

As Duterte’s Justice Secretary (2018-2022), he was knee-deep in the drug war now under ICC fire. That’s not baggage—it’s a conflict screaming for personal recusal.

Instead, he pulled the OSG rug out, dodging accountability while leaving Marcos exposed.

The Philippine Code of Professional Responsibility demands avoiding conflicts that cloud judgment—Guevarra’s half-assed exit flouts that. If his Duterte ties make him radioactive, he should’ve quit, not crippled his office.

This isn’t ethics—it’s a survival play.

Dragging the OSG down suggests he’s shielding himself, not the public interest. A Solicitor General who can’t handle Duterte cases is a liability—his past isn’t a footnote, it’s the whole damn story.

Dump Guevarra, Marcos – grow a spine

Should Guevarra go? Hell yes—resign or get the boot, pronto. Carpio’s nailed it:

Marcos can fire him for abandoning ship, and he should. This isn’t about trust—it’s about competence, and Guevarra’s flunked the test. Resignation’s kinder; let him slink off while Marcos salvages what’s left.

For Marcos Jr , it’s gut-check time.

First, install a Solicitor General who’ll actually show up—someone free of Duterte’s stench. Second, quit waffling on the ICC—declare “no jurisdiction” with teeth and align your legal crew, or you’re just begging for more chaos.

Third, handle the Duterte clan. Imee’s probe and their grassroots muscle won’t fade—cut a deal or gear up for a slugfest, but stop dithering.

This isn’t a suggestion—it’s a survival plan.

Marcos’ clock is ticking

Guevarra’s recusal isn’t a noble dodge—it’s a gutless betrayal that’s torched his legitimacy and left Marcos flailing.

Legally, he’s AWOL; politically, he’s a fracture in a crumbling alliance; ethically, he’s a Duterte relic unfit for the gig.

Marcos’s “trust” is a bad joke—Guevarra’s a millstone, not a lifeline. He needs to go—yesterday—because every day he stays screams weakness.

Marcos, wake up: your administration’s bleeding credibility, and this ICC debacle’s just the start.

Sack the dead weight, own the narrative, or watch your presidency implode in real time.

Accountability isn’t optional—it’s overdue.

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