The Office of the Solicitor General (OSG) has formally re-entered as counsel for all government respondents in the petitions filed before the Supreme Court (SC) by former president Rodrigo Duterte, Senator Ronald “Bato” dela Rosa, and members of the Duterte family.

This comes after the OSG reversed an earlier decision to recuse itself from the politically charged case.

Now under Solicitor General Marie Berberabe, the OSG filed a Manifestation with Entry of Appearance on 1 December 2025, informing the SC En Banc that it would again represent the government as the consolidated cases move forward.

“After due consideration, the OSG hereby enters its appearance anew as counsel for all the respondents ... and requests that it be furnished with copies of all court issuances and submissions at its official address,” the filing stated.

The case stems from Duterte’s arrest on 11 March 2025, after the International Criminal Court (ICC) issued a warrant related to charges of crimes against humanity over thousands of killings during his administration’s drug war. Duterte was flown to The Hague the same day to face proceedings.

Within hours of his arrest, Duterte and dela Rosa filed a Petition for Certiorari and Prohibition before the SC, challenging the legality of the arrest, the government’s cooperation with the ICC, and the turnover of the former president to international authorities. The SC on 12 March denied Duterte and dela Rosa’s urgent request for a Temporary Restraining Order (TRO) to halt his transfer and ordered the respondents to file their comment.

The children of Duterte—Davao City First District Rep. Paolo Duterte, Davao City Mayor Sebastian Duterte, and Veronica Duterte—filed separate petitions seeking a writ of habeas corpus, asking the SC to compel the government to bring their father back to the Philippines.

Respondents in the petitions were top national security, law enforcement, and immigration officials at the time: Executive Secretary Lucas Bersamin, Interior and Local Government Secretary Juan Victor Remulla Jr., Foreign Affairs Secretary Enrique Manalo, Armed Forces of the Philippines Chief Gen. Romeo Brawner Jr., Philippine National Police Chief Gen. Rommel Francisco Marbil, PNP-CIDG Director Gen. Nicolas Torre III, PCTC Executive Director Lt. Gen. Antonio Alcantara, Capt. Johnny Gulla, the Bureau of Immigration, and then Solicitor General Menardo Guevarra himself.

Then Solicitor General Guevarra on 24 March informed the SC that the OSG was inhibiting itself from the case. He argued that the Philippines had no legal duty to recognize or cooperate with ICC processes following its withdrawal from the Rome Statute in 2019, rendering the circumstances politically and institutionally sensitive for the agency to litigate.

The OSG's motion to recuse was granted by the SC on 2 April, formally excusing it from representing the government. In its absence, the Department of Justice (DOJ) assumed the responsibility of responding to the petitions. The DOJ filed the government’s initial comment on 28 March as directed by the Court.

The OSG’s return was prompted by a new directive from the Supreme Court. The SC in an 18 November resolution required the respondents to comment on the petitioners’ “very urgent manifestation,” which renewed calls for a TRO or injunction amid new developments at the ICC.

The DOJ received the order on 20 November but forwarded the matter to the OSG on 25 November for “appropriate action,” saying the issues raised now required the Solicitor General’s judgment.

The 1 December filing of Berberabe formally reinstated the OSG as the government’s lead counsel after more than seven months away from the litigation.

The petitions filed by Duterte, dela Rosa, and the former president’s children remain pending before the Supreme Court. Prior to the OSG’s re-entry, the Court had already required all parties—petitioners and respondents—to submit their memoranda and provide updates on ongoing ICC proceedings.

It was not immediately known whether Berberabe’s manifestation would be taken up by the justices during their full court session on Wednesday, 3 December.

According to the OSG, all future notices and submissions should be sent to its office at Amorsolo Street in Makati City, signaling its readiness to resume full participation in one of the most consequential legal battles arising from the ICC’s investigation into Duterte’s drug war.