Former chief presidential legal counsel Salvador Panelo stated that the Office of the Solicitor General’s (OSG) decision to recuse itself from the habeas corpus petitions seeking the return of former President Rodrigo Duterte is an acknowledgment that the International Criminal Court (ICC) has no jurisdiction in the Philippines.
Speaking in a phone interview with Palace reporters on Monday, Panelo emphasized that the OSG is legally mandated to represent the government when its actions are questioned. However, instead of submitting a comment on behalf of the four respondents, the OSG filed a manifestation seeking permission to withdraw from the case.
The habeas corpus petition was filed on 13 March by Duterte’s children — Congressman Paulo Duterte, Davao City Mayor Sebastian Duterte, and Veronica "Kitty" Duterte — following the former president’s arrest by the ICC on 11 March. The Supreme Court issued a writ on 14 March, requiring the respondents to respond by 17 March.
The four respondents in the petition are Executive Secretary Lucas Bersamin, Justice Secretary Jonvic Remulla, Philippine National Police (PNP) chief General Rommel Francisco Marbil, and Criminal Investigation and Detection Group (CIDG) chief PMGen. Nicolas Torre III.
Panelo argued that the OSG’s recusal is consistent with its longstanding position that the ICC has no jurisdiction in the Philippines. The OSG’s manifestation reiterated that the habeas corpus petitions challenge the validity of the ICC’s issuance and execution of an arrest warrant against Duterte. It also recalled that the Philippines formally withdrew from the ICC on 17 March 2019, after notifying the United Nations a year earlier under Article 127 of the Rome Statute.
“The OSG is refusing to perform a duty mandated by law because it contradicts the agency’s official stance. This means it admits that the ICC has no jurisdiction and cannot contradict its position,” Panelo said.
He further asserted that enforcing an arrest warrant from an institution without jurisdiction is illegal, and defending such action would also be unlawful. Should the Supreme Court rule in favor of the OSG’s recusal, the respondents would have to seek legal representation from the Department of Justice.
Panelo reiterated that from the beginning, Duterte’s supporters have argued that the ICC never had jurisdiction, as the Rome Statute was not published in the Official Gazette, and any claim to jurisdiction ended when the Philippines withdrew from the treaty.