Amid the legal and political disputes following the arrest and transfer of former President Rodrigo Duterte to The Hague, and the recent recusal of the Office of the Solicitor General (OSG) from representing government officials before the Supreme Court (SC), Malacañan Palace stated that it was Solicitor General Menardo Guevarra’s decision to withdraw.

“If he can't defend the government, the government officials who responded to Interpol’s request, it is his opinion,” Palace Press Office Undersecretary Claire Castro said in a briefing.

The OSG serves as the legal counsel of the Philippine government.

Castro clarified that the OSG’s position is straightforward, reiterating that the International Criminal Court (ICC) has no jurisdiction in the Philippines.

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

She also pointed out that Guevarra never stated that the government was wrong to assist Interpol in Duterte’s arrest.

While Guevarra’s recusal has been interpreted as a defiance of President Ferdinand Marcos Jr.’s stance, Malacañang declined to comment on whether he would be replaced, instead directing inquiries to Guevarra himself.

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

Guevarra responds to recusal

In response, Guevarra defended the OSG’s role, stating that it represents not just the government but also the people.

"Noted with thanks. The OSG is not only the government’s counsel; it is also the tribune of the people,” he said in a message to reporters.

Regarding calls for his resignation, Guevarra said the decision rests solely with President Marcos.

“That’s the President’s exclusive call,” he said.

“The President alone can say if he still trusts me,” he added in a separate statement.

With the OSG’s recusal, government officials named as respondents before the Supreme Court will need to secure separate legal counsel.

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

“If they are involved in the case, they need to answer, so they also need to hire a lawyer,” she added.

Meanwhile, the Department of Justice (DOJ) has assumed the role of government legal representative before the Supreme Court.

Justice Secretary Jesus Crispin Remulla confirmed that the DOJ has submitted its comment on the consolidated petitions for habeas corpus.

Before his appointment as Solicitor General, Guevarra served as Justice Secretary under the Duterte administration.

While some see his recusal as linked to his ties with the previous administration, Malacañang has yet to discuss whether this was a factor in his decision.