DoJ: ICC surrender a political question: Asserts exercise is beyond court’s review

Amid the ongoing legal and political disputes surrounding former President Rodrigo Duterte’s arrest and transfer to The Hague, the Department of Justice (DoJ) has assumed responsibility for representing the government in the Supreme Court, following the recusal of the Office of the Solicitor General (OSG).

In a comment, the DoJ emphasized that the government’s assistance in Duterte’s surrender to the International Criminal Court (ICC) was in fulfilment of its international obligations and falls beyond the review power of the courts.

“Thus, in extending assistance to Interpol, the GRP (Government of the Republic of the Philippines) led by the President was merely complying with its international obligations and he was performing his role as chief architect of the country’s foreign policy,” the DoJ stated. “This, naturally, is well within the President’s discretion, and the exercise thereof is a political question, which is beyond the review power of the courts.”

The DoJ urged the High Court to deny the writ of habeas corpus petition filed by the children of the former president, arguing that it is moot and lacks merit.

In its compliance filed by mail on Monday, the DoJ emphasized that the primary purpose of the writ of habeas corpus is “to relieve a person from unlawful restraint.”

“The writ serves as a speedy remedy for those unlawfully confined or imprisoned without sufficient legal basis. It is not issued when a person is in custody under judicial process or valid judgment,” the DoJ explained.

The DoJ further stated that the petition is moot, as the respondents no longer have legal or physical custody of Duterte.

Philippine officials have affirmed the ICC arrest warrant was transmitted through the International Criminal Police Organization (Interpol) which asked the Philippine National Police to serve it.

The Palace emphasized that it was the Philippine government’s duty to comply with its commitments to Interpol; while the DoJ asserted that the country remained an Interpol member despite its withdrawal from the ICC.

Ball in DoJ court

Justice Secretary Jesus Crispin Remulla yesterday confirmed the DoJ has been authorized to represent the respondent government officials in the consolidated petitions for habeas corpus filed by the children of Duterte before the High Court.

This after Solicitor General Menardo Guevarra declined to represent the officials in the petitions questioning their actions that led to Duterte’s arrest and transfer.

“We were given the authorization by the Executive Secretary to respond, and it’s okay, we submitted our comment yesterday,” Remulla said.

The OSG serves as the principal legal office and defender of the government.

Davao City Rep. Paolo Duterte, Davao City Mayor Sebastian Duterte, and Veronica “Kitty” Duterte filed the habeas corpus petitions in an effort to secure the release of their father from his detention in The Hague, the Netherlands.

Respondents in the petitions included Remulla, Executive Secretary Lucas Bersamin, Foreign Affairs Secretary Enrique Manalo, Interior Secretary Jonvic Remulla, Armed Forces Chief of Staff Gen. Romeo Brawner, Philippine National Police Chief P/Gen. Rommel Marbil, PNP-Criminal Investigation and Detection Group Chief P/Maj. Gen. Nicolas Torre III, Philippine Center on Transnational Crime Executive Director Antonio Alcantara, former Immigration Commissioner Norman Tansingco and others.

The High Court gave the petitioners five days to comment on the DoJ’s response.

Palace: OSG position Guevarra’s opinion

In its motion to recuse, the OSG stated that it “may not be able to effectively represent respondents in these cases” due to its firm position that the International Criminal Court (ICC) had no jurisdiction over the Philippines.

In a briefing, Palace Press Office Undersecretary Claire Castro said that Solicitor General Guevarra’s recusal stemmed from his personal opinion on the ICC.

“If he can’t defend the government and the officials who responded to Interpol’s request, that is his opinion,” Castro said.

The OSG, the government’s lawyer, made it clear that it believed the ICC lacked jurisdiction over the Philippines.

“It is clear if you read the manifestation of SolGen Guevarra. He mentioned that he believes the ICC has no jurisdiction in the Philippines, which is also what the President had said before,” Castro said.

While Guevarra’s decision was seen by some as a challenge to President Ferdinand Marcos Jr., Malacañang refrained from commenting on whether he would be replaced, redirecting those inquiries to him.

“There hasn’t been any discussion about it yet because it’s really new, it just came out last night,” Castro said. “But maybe it would be better if the SolGen himself assesses whether he is still worthy of standing as the solicitor general.”

Guevarra: OSG is people’s tribune

In response, Guevarra emphasized the OSG’s broader role, stating, “The OSG is not only the government’s counsel; it is also the tribune of the people.”

He also addressed the calls for his resignation, saying the decision was up to President Marcos.

“That’s the President’s exclusive call. The President alone can say if he still trusts me,” he said.

With the OSG’s recusal, government officials involved in the case will need to secure their own legal representation.

“Whoever is the respondent in the Supreme Court, they cannot fail to respond. They must defend what they did and defend it based on the law,” Castro emphasized.

Guevarra’s recusal has prompted speculation about a possible connection to his previous role as Justice secretary in the Duterte administration.

While some viewed his decision as linked to his past ties to the former president, Malacañang has not addressed whether this played a role in his recusal.

Remulla: Let justice be done

Meanwhile, as far as Justice Secretary Remulla is concerned, Duterte’s detention at the ICC is “a done deal.”

“He’s there. Andoon na siya,” Remulla said, recalling Duterte’s previous statements that he would face any charges against him.

“Every Filipino heard the former president say he will face the allegations against him, even before the ICC. So that’s that. He’s there,” Remulla added.

He urged the public to remain “united in the spirit of justice,” emphasizing that the goal is simply to ensure that justice is served to all concerned — whether they are victims or accused of injustice.

“Let justice be done, that should unite us as a country,” he said.

Duterte’s next hearing for the confirmation of the charges against him is set for 23 September.