DOJ to Defend Marcos Administration in Duterte’s ICC Arrest Petition

MANILA, Philippines – The Department of Justice (DOJ) has taken over as the legal representative of the Philippine government in the Supreme Court (SC) petition concerning the arrest of former President Rodrigo Duterte. This follows the Office of the Solicitor General’s (OSG) decision to recuse itself from the case.

On Tuesday, March 18, the Supreme Court confirmed that the DOJ, represented by Officer-in-Charge Undersecretary Nicholas Felix Ty, filed the government’s official response to the petition submitted by Duterte’s children—Sebastian, Veronica, and Paolo Duterte.

"The SC received the Consolidated Compliance with its March 13, 2025 Resolution, filed by DOJ Officer-in-Charge Undersecretary Nicholas Felix L. Ty, who was authorized to represent the respondents in this case considering the recusal of the Office of the Solicitor General," said SC spokesperson Camille Sue Mae Ting.

The Court has given the petitioners a non-extendible period of five days to submit their response.

Remulla: ‘It’s a Done Deal’

Speaking to the press, DOJ Secretary Jesus Crispin “Boying” Remulla confirmed that Executive Secretary Lucas Bersamin had authorized the DOJ to respond on behalf of the Marcos administration.

“It’s over and done with. So, it’s a done deal already… I think there’s judicial notice that the hearings are ongoing already in The Hague,” Remulla stated.

The Duterte siblings had filed separate petitions for a writ of habeas corpus on March 11, arguing that their father was being illegally detained and seeking his return to the Philippines. However, legal experts have pointed out that habeas corpus applies to cases within Philippine jurisdiction, while Duterte is currently facing trial in The Hague, Netherlands.

OSG Recuses Itself

Solicitor General Menardo Guevarra, who previously served as Duterte’s justice secretary before joining the Marcos administration, chose to withdraw from representing the government in this case.

Guevarra explained that he could not defend the Marcos government’s position because it contradicted the longstanding stance that the Philippines does not recognize ICC jurisdiction over its drug war cases. He later filed a formal request with the Supreme Court to remove the OSG as a respondent.

Marcos Gov’t Stance on ICC

The Marcos administration has justified Duterte’s arrest by citing its obligations under Interpol. Since the ICC warrant was transmitted through Interpol, the government argued that it was legally bound to enforce it. Several Marcos officials have stated that ignoring the warrant could have diplomatic repercussions.

What’s Next for Guevarra?

Given his decision to withdraw from the case, questions have been raised about Guevarra’s future as solicitor general. When asked whether he would remain in his post, he replied, “Only the president can say that.”

As the case unfolds, it remains uncertain how the Supreme Court will proceed with the petition, given the jurisdictional complexities involved.



News Source: Rappler