Former chief presidential legal counsel Salvador Panelo backed Solicitor General Menardo Guevarra’s stance, reiterating that the International Criminal Court (ICC) has no jurisdiction over the Philippines following the Duterte administration’s 2019 withdrawal from the Rome Statute.
In a motion filed by Guevarra, he explained that, given the Office of the Solicitor General's (OSG) firm stance that the ICC cannot exercise jurisdiction over the Philippines — and that the country’s legal system is functioning as intended — the OSG is unable to effectively represent the concerned officials and must therefore recuse itself from the case.
Following Guevarra's motion, Panelo said in a radio interview that the Philippines was never effectively a member of the ICC, arguing that the Rome Statute could not be enforced in the country without proper legislative action.
Panelo emphasized the importance of due process, stating that the Philippine Constitution guarantees that no citizen may be deprived of life, liberty, or property without proper legal proceedings.
Meanwhile, Palace Press Officer Undersecretary Claire Castro addressed claims that Guevarra’s recusal implied Duterte’s arrest was unlawful.
“He (Panelo) will make that statement favorable to their case or to their position when in fact it is very clear from the statement of SolGen Guevarra that he is only discussing the jurisdiction,” Castro explained.
Panelo, however, dismissed Castro’s remarks.
“Kabalbalan lang ang pinagsasabi ng tagapagsalita ng Palasyo (The Palace spokesperson is just talking nonsense),” Panelo remarked.
He further claimed that Duterte’s arrest was politically motivated, suggesting that the objective was to weaken Vice President Sara Duterte’s potential candidacy.
“Ang layunin talaga nila ay sirain ang mag-amang Duterte dahil si Sara pinakamalakas na kandidato. Kailangan ma-eliminate mo kasi ‘yan eh either legally or whatever manner or form — ikukulong, lahat gagawin para hindi na sila makatakbo (Their real goal is to destroy the Duterte father and daughter because Sara is the strongest candidate. They need to be eliminated either legally or by whatever manner or form — imprisoned, anything will be done to prevent them from running),” Panelo alleged.
Panelo added that the issue had transcended Duterte’s personal circumstances, turning into a matter of Philippine sovereignty.
“Ito ay hindi na issue ng Duterte. Ito'y issue na ng pagsuko ng soberanya ng bansa. Si Duterte naging simbolo na ng ginawang paglabag sa saligang batas (This is no longer an issue about Duterte. This is now an issue of surrendering the country's sovereignty. Duterte has become a symbol of the violation of the constitution),” he said.