The Department of Justice (DoJ) will assemble top legal minds to defend the government officials named in the consolidated petitions for habeas corpus filed by the children of former President Rodrigo Duterte, Justice Secretary Jesus Crispin Remulla said yesterday.

This comes after Solicitor General Menardo Guevarra declined to represent the respondents in the Supreme Court petition, leaving the DoJ to take the responsibility.

“We will put our best legal minds to work. The DoJ is more than capable of defending the Republic’s position in this matter,” Remulla said at the Kapihan sa Manila Bay on Wednesday.

He clarified that while the Office of the Solicitor General is an attached agency of the DoJ, Guevarra’s refusal was a personal decision and did not require his clearance.

Remulla acknowledged that Guevarra’s decision not to use the Office of the Solicitor General for the defense was a matter of personal judgment.

“I consider it a personal reason,” Remulla said, dismissing any notion that Guevarra’s refusal had to do with any formal clearance or directive from his office.

“If he did not want to use the office of the Solicitor General, that’s his own reason. I think the resources of the government should not be wasted, especially at a time like this,” he said.

Despite the tension over Guevarra’s decision, Remulla remained focused on moving the case forward.

“I don’t think there is anything to make a big deal of. I consider it a question of reason, and we will move on from there,” Remulla said.

He emphasized that the DoJ’s position is clear and that they are prepared to take over the case and defend it in the Supreme Court if needed.

Remulla did not go into further details about the reasons behind Guevarra’s move, but he maintained that it would not hinder the progress of the case.

“We have to move on from here. We cannot stay in the past. This is a past issue,” he said, reiterating that their professional focus is to ensure the defense of the Republic’s legal position.

The justice chief also said the DoJ was preparing for possible legal arguments related to the International Criminal Court (ICC) case involving Duterte.

“Yes, we will prepare for the possible round of legal arguments if needed,” he said, referring to the ongoing case concerning the former president’s alleged crimes under investigation by the ICC.

“The man is already under ICC jurisdiction. It’s extraterritorial, beyond the scope of our legal system,” Remulla stated, reaffirming that Duterte had been handed over to the ICC for a proper trial in The Hague.

He clarified the international legal framework in play, stating that the case concerns Republic Act 9851, which governs the Philippines’ relationship with the International Criminal Court.

“It’s a matter that defines and redefines cases of this nature, whether we take a judicial or executive action,” he said.

Remulla noted that the decision to take executive action rather than judicial measures was a calculated move to adhere to the international law governing such cases.