ASEANEWS HEADLINE: DU30-ICC COURT TRIAL | MANILA: Palace to Guevarra: Are you still fit to be SolGen? SolGen leaves fate to Marcos
Solicitor General Menardo Guevarra./ STAR / File
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MANILA, Philippines — It’s time for Solicitor General Menardo Guevarra to assess if he is still fit to be the government’s top lawyer after his office recused itself from the cases seeking the release of former president Rodrigo Duterte from detention in The Hague, Malacañang said yesterday.
In a manifestation filed before the Supreme Court last Monday, the Office of the Solicitor General (OSG) begged off from representing the government in tackling three habeas corpus petitions filed by Duterte’s children – Davao City Mayor Sebastian Duterte, Rep. Paolo Duterte and Veronica Duterte.
In its request, the OSG cited the Philippines’ withdrawal in 2019 from the Rome Statute, the treaty that formed the ICC.
Duterte is in detention in The Hague where he is awaiting trial for crimes against humanity. He was arrested at the Ninoy Aquino International Airport last March 11 hours after his return from Hong Kong.
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Asked at a press briefing yesterday if Guevarra would be replaced for not performing his mandate as the government’s top lawyer, Presidential Communications Undersecretary Claire Castro said the matter has not been discussed, but the solicitor general should evaluate his suitability for the post.
“Perhaps, it would be better if the SolGen assesses himself, if he is still fit to be solicitor general,” the Palace press officer said.
Pressed if Guevarra’s move warrants his resignation, Castro said, “He should asses himself.”
She would not go as far as recommending to President Marcos that Guevarra be asked to quit his post.
Asked if he would remain as the government’s top legal defender, Guevarra said it’s all up to the President to decide. “Only the President can say that,” he said.
He also reminded critics and the public that the Office of the Solicitor General “is not only the government’s counsel but also the tribune of the people.”
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No government mistake
Castro clarified that Guevarra’s motion does not prove that the government erred in cooperating with the Interpol on Duterte’s arrest.
“The manifestation of SolGen Menardo Guevarra was clear. He just stated that he believes that the ICC has no jurisdiction over the Philippines. That has been the view of the President even before. But he did not mention in his manifestation that the government’s cooperation with the Interpol was wrong,” she said.
“So, if he cannot defend the government, the officials who responded to the Interpol, perhaps that is just his personal sentiment.”
Castro also refuted the claim that Guevarra’s act had strengthened the case of Duterte’s camp.
“Never did…SolGen mention that he is against the cooperation of the government with the Interpol. So, how could it be used against the government?” the Palace official said.
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Jurisdiction
At the same press briefing, Castro disputed the claim that the Philippines was never under the ICC’s jurisdiction because the Rome Statute never took effect in the country.
She said the Supreme Court has ruled that the ICC has jurisdiction over all crimes committed prior to the withdrawal from the treaty.
Former chief presidential legal counsel Salvador Panelo earlier argued that the arrest of Duterte was illegal and that the Rome Statute did not take effect in the Philippines because it was not published in the Official Gazette.
However, Castro pointed out that the treaty was ratified and the Duterte administration even withdrew from it.
“If it (Rome Statute) did not take effect, why did they (Duterte administration) withdraw in the first place? That means, it was ratified and since it was ratified, it means it was effective, it took effect. So, there is nothing to withdraw if the (treaty) did not have an effectivity,” the Palace press officer said.
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“There’s nothing to refute because it was effective until withdrawn, so there is nothing to refute about the said publication – there was ratification.”
Castro noted that the ICC even recognized the Philippines’ withdrawal from the statute.
“If you believe that the Rome Statute did not take effect here, why did you withdraw? If we were not a member of the Rome Statute, there should not have been a withdrawal, right? He (Panelo) is contradicting himself,” she said.
Asked in an interview with ABS-CBN News whether Marcos would change his mind about not rejoining the ICC, Castro replied: “As of the moment we will try to discuss that.”
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‘Guevarra should resign’
For former Integrated Bar of the Philippines (IBP) president Domingo Cayosa, Guevara should be “dignified and gentleman” enough to resign.
“The OSG still represents the government. But this is a very important case. Perhaps, one possible logical move forward is after you recuse yourself, you explain your position,” Cayosa said in an interview with “Storycon” on One News.
“Let me just be accurate. The SolGen is not the lawyer of the administration. He is the lawyer of the Republic of the Philippines. That is one. With respect to, can he recuse himself from handling these cases because, according to him, he has taken a different position, in the sense that he had argued in the past and up to now, that ICC does not have jurisdiction,” Cayosa said.
Meanwhile, the Makabayan bloc said now is the right time for the country to rejoin the ICC.
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“The preliminary hearing at the International Criminal Court on Duterte’s crimes has shown that justice denied in the Philippines can be effectively pursued through international judicial bodies. This is why Pres. Marcos should push for the Philippines’ return to the ICC,” Makabayan senatorial candidate and former Bayan Muna party-list Rep. Teddy Casiño said in a statement.
“Peace and justice cannot be separated. Marcos’ commitment to peace and justice will remain wanting if it does not rejoin the ICC.” he added.
House deputy minority leader and ACT Teachers party-list Rep. France Castro and former ACT Teachers Rep. Antonio Tinio also called for the Philippines’ immediate return to the ICC.
“The Duterte trial at the ICC demonstrates precisely why the Philippines must rejoin this crucial international body. Justice for the thousands of victims of the bloody war on drugs would not have been possible without the ICC’s intervention after our domestic justice system failed them,” Castro said.
“The Philippines must return to the ICC not only for the victims of drug war, but also for other victims of EJK and for all the Filipino people. The ICC is not an enemy of our sovereignty but a partner in implementing true justice,” she added.
“It is a step to end impunity and will give ordinary Filipinos an additional legal avenue to seek accountability. Rejoining the ICC, along with the prospects of Rodrigo Duterte ending up convicted, will surely make rulers think twice before trampling upon human rights of the Filipino people,” Manuel said. – Daphne Galvez, Jose Rodel Clapano
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