The Office of the Solicitor General (OSG) has recused itself from representing the government in a habeas corpus petition filed by the children of former president Rodrigo Duterte, raising questions about the Philippine government's position on international law amid an escalating legal battle over Duterte's arrest by the International Criminal Court (ICC).

But why is the OSG backing out, and what does this mean for the case?

What Is the habeas corpus petition about?

Duterte’s children — Rep. Paolo Duterte, Davao City Mayor Sebastian Duterte, and Veronica Duterte — filed a petition before the Supreme Court (SC) to secure their father’s release.

They argue that his arrest and detention in The Hague, Netherlands, violate the Philippine Constitution and national sovereignty since the government had already withdrawn from the ICC in 2019.

In addition to seeking a writ of habeas corpus, the Duterte camp has requested a temporary restraining order (TRO) and a writ of prohibition to prevent further cooperation between the Philippine government and the ICC.

Why did the OSG withdraw?

The OSG, led by Solicitor General Menardo Guevarra, has long maintained that the ICC has no jurisdiction over the Philippines after its 2019 withdrawal from the Rome Statute.

In a nine-page manifestation, the OSG argued that it could not effectively represent government officials in the case without contradicting its own position.

"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 herein," the OSG stated.

Who are the respondents in the case?

The Duterte siblings’ habeas corpus petition names the following officials as respondents: Executive Secretary Lucas Bersamin, Justice Secretary Jesus Crispin Remulla, PNP Chief Gen. Rommel Francisco Marbil, and Criminal Investigation and Detection Group (CIDG) Director Maj. Gen. Nicolas Torre III.

Since the OSG has recused itself, these officials may now have to seek private legal representation or rely on the Department of Justice (DOJ) for their defense.

What does this mean for Duterte’s case?

The OSG’s withdrawal does not directly impact whether Duterte will remain in ICC custody. However, it signals that the Philippine government is taking a hands-off approach to the case rather than aggressively fighting for his release through legal channels.

Former chief presidential legal counsel Salvador Panelo argued that the OSG’s recusal is an implicit acknowledgment that the ICC has no jurisdiction over the Philippines.

"The OSG is refusing to perform a duty mandated by law because it contradicts the agency’s official stance," Panelo said, reinforcing the Duterte camp’s argument that the arrest warrant should be considered invalid.

What happens next?

The Supreme Court has yet to issue a ruling on the petition.

Meanwhile, Duterte remains in detention at The Hague Penitentiary Institution, where he awaits further legal proceedings.

For now, the Supreme Court’s next move will be closely watched — both in the Philippines and on the international stage.