The Office of the Solicitor General has formally returned as counsel for all government respondents in the Supreme Court petitions filed by former President Rodrigo Duterte, Senator Ronald “Bato” dela Rosa, and members of the Duterte family — reversing the OSG’s earlier decision to recuse from the politically charged case.
Under current Solicitor General Marie Berberabe, the OSG filed a Manifestation with Entry of Appearance on 1 December, informing the SC en banc that it will resume its representation of the government in the consolidated petitions.
“After due consideration, the OSG hereby enters its appearance anew as counsel for all the respondents... and requests that it be furnished copies of all court issuances and submissions at its official address,” the filing read.
The legal battle stemmed from Duterte’s arrest on 11 March 2025, after the International Criminal Court (ICC) issued an arrest warrant for him in connection with the alleged killings of thousands of Filipinos during his administration’s anti-drug campaign. Duterte was flown to The Hague the same day.
Within hours of the arrest, Duterte and Dela Rosa filed a Petition for Certiorari and Prohibition before the SC, questioning the legality of the arrest, the government’s cooperation with the ICC, and Duterte’s handover to foreign authorities.
On 12 March, the SC denied their request for a temporary restraining order and ordered the respondents to file a comment.
Duterte’s children — Rep. Paolo Duterte, Davao City Mayor Sebastian Duterte and Veronica Duterte —subsequently filed separate habeas corpus petitions, seeking to compel the government to bring the former president back to the country.
The respondents named in the case included top national security and immigration officials: former Executive Secretary Lucas Bersamin, Interior and Local Government Secretary Juan Victor Remulla Jr., then Foreign Affairs Secretary Enrique Manalo, AFP Chief of Staff Gen. Romeo Brawner Jr., former PNP Chief Gen. Rommel Francisco Marbil, Gen. Nicolas Torre III, PCTC Executive Director Lt. Gen. Antonio Alcantara, Capt. Johnny Gulla, the Bureau of Immigration, and then Solicitor General Menardo Guevarra.
On 24 March, Guevarra informed the Court that the OSG was inhibiting itself from the case, citing the Philippines’ withdrawal from the Rome Statute in 2019 and the sensitivity of litigating issues tied to the ICC.
The High Court granted the request on 2 April, with the Department of Justice temporarily assuming the government’s legal role.
The OSG’s recent return was triggered by an 18 November SC resolution requiring the respondents to comment on the petitioners’ “very urgent manifestation” seeking renewed injunctive relief amid fresh ICC developments.
The DoJ received the order but endorsed it to the OSG on 25 November, saying the issues now required the Solicitor General’s judgment.
Berberabe’s filing restores the OSG as lead counsel after more than seven months. The petitions filed by Duterte, Dela Rosa, and Duterte’s children remain pending before the High Court.
It was unclear if the SC would take up the OSG’s reentry during its full court session on Wednesday, 3 December.
The OSG has directed that all future notices be sent to its office on Amorsolo Street, Makati City, signaling its readiness to reengage in one of the most significant legal battles arising from the ICC’s probe into Duterte’s drug war.