Solicitor General seeks re-entry in Duterte ICC case at Supreme Court

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December 3, 2025 | 8:38am

Former president Rodrigo Duterte on October 28, 2024.

STAR / Jesse Bustos

MANILA, Philippines — The Office of the Solicitor General (OSG) has re-entered as the government’s counsel in the petition of detained former President Rodrigo Duterte and Sen. Bato Dela Rosa regarding the government’s handover to the International Criminal Court (ICC).

The OSG filed the manifestation before the high court on December 1.

“After due consideration, the OSG hereby enters its appearance anew as counsel for all the Respondents in the above-captioned case and requests that it be furnished with copies of all court issuances and submissions at its official address, 134 Amorsolo St., Legaspi Village, Makati City, Metro Manila,” the OSG’s manifestation read.

This means that the OSG, the government’s lawyers, can represent the government in the petition filed against them.

It could be recalled that the OSG, through former Solicitor General Menardo Guevarra, recused itself from representing the government in the habeas corpus petition filed by Duterte, Dela Rosa, and the former president's children.

It cited its “firm stance” that the ICC has no jurisdiction over the country.

The OSG, in a separate filing, also asked the Supreme Court to deny Dela Rosa’s petition for the issuance of a temporary restraining order against a possible ICC arrest warrant issued against him.

The OSG said that Dela Rosa’s plea failed to establish an actual case or controversy and that it neither raises a legal question that is ripe for adjudication nor presents a constitutional breach.

“Without any completed action or a concrete threat of injury to the petitioning party, the act is not yet ripe for adjudication. It is merely a hypothetical problem,” the OSG’s manifestation read.

It could be recalled that on November 9, Ombudsman Jesus Crispin Remulla revealed in a radio interview that a warrant of arrest against Dela Rosa, who is the former PNP Chief of Duterte, had been issued by the ICC.

However, the ICC said that it cannot confirm the existence of the warrant against Dela Rosa.

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