Malacañang rushed to defend the Office of the Solicitor General amid renewed political friction over the government’s legal posture on the International Criminal Court (ICC), insisting that the OSG is merely fulfilling its mandate as the government’s chief legal defender.

In a statement, Palace Press Officer Claire Castro said the OSG acted “within the bounds of the law” when it asked the Supreme Court for permission to represent government officials in a petition questioning the country’s continued cooperation with the ICC’s probe into the Duterte administration’s anti-illegal drugs campaign.

“It is only right that the OSG act in accordance with the law and in line with its mandate, without protecting the interests of a select few,” Castro said in Filipino.

Castro’s remarks came after the OSG, in a 1 December manifestation, sought to enter its appearance on behalf of officials named in a March petition filed by lawyers of former president Rodrigo Duterte and Sen. Ronald dela Rosa. 

The OSG, then under Menardo Guevarra, recused itself from representing the government in the habeas corpus petition filed by the former president, his children, and Dela Rosa, affirming that the International Criminal Court had no jurisdiction over the Philippines. 

In March, Duterte was taken into custody by the Philippine National Police before he was delivered to The Hague to face charges of crimes against humanity in relation to his controversial and bloody drug war. 

Withdrawal reiterated

The petition challenges the legality of the ongoing cooperation with ICC investigators despite the Philippines’ 2019 withdrawal from the Rome Statute.

In a subtle shift, Castro said the administration could not speak for the actions or personal views of former solicitor general Guevarra on the ICC matter. She emphasized instead that the present OSG leadership is “correcting what needs to be corrected in accordance with the law.”

Solicitor General Darlene Berberabe has moved to withdraw an earlier request, filed during Guevarra’s tenure, for the SC to inhibit from hearing the same case.

VP raises criticism

The Palace also seized the moment to hit back at Vice President Sara Duterte, suggesting that her criticism of government messaging were attempts to deflect attention from “issues recently flagged” by the Commission on Audit (CoA).

Castro said the OVP’s public assertions of sound financial management were at odds with CoA’s observations of missing documents, unverified beneficiaries, and gaps in reporting.

“The Vice President does not want the public to listen to the Palace because people are becoming aware of the truth — and of the President’s programs for the nation,” she said. 

“To what should the people listen? To the misinformation she and her allies are spreading?” she asked. 

The rift between the administration and the Duterte camp has deepened, with the ICC controversy and recent audit findings becoming fresh flashpoints in an increasingly public and heated political clash.