THE Office of the Solicitor General (OSG) has recused itself from representing government officials in cases surrounding the arrest of former president Rodrigo Duterte.

The OSG cited its firm stance that the International Criminal Court (ICC) lacks jurisdiction over the Philippines, a position that has long been the government's official policy.

The decision is outlined in a manifestation and motion submitted by the OSG to the Supreme Court on Monday. The move is expected to widen the legal and diplomatic rift over the legitimacy of the ICC's authority and its arrest warrant for Duterte.

At the core of the OSG's argument is the Philippines' withdrawal from the Rome Statute — the treaty establishing the ICC.

The government formally notified the United Nations of its withdrawal in 2018, and the exit took full effect on March 17, 2019. Since then, the OSG has consistently rejected the ICC's involvement in Philippine affairs, asserting that any investigation or legal action against Duterte should be handled exclusively within the country's judicial system.

"The Philippine government has no legal obligation to cooperate with the ICC," the OSG stated in its motion, emphasizing that the country's justice system is fully functioning and does not require foreign intervention.

Following the arrest of the former president on charges of crimes against humanity linked to his "war on drugs" campaign, his children — Paolo, Sebastian, and Veronica Duterte — filed separate petitions for a writ of habeas corpus before the Supreme Court.

These petitions aim to challenge the legality of Duterte's arrest and seek his immediate release from detention by the ICC.

In response, the Supreme Court consolidated these petitions and issued a show-cause order to several top government officials, including Executive Secretary Lucas Bersamin, Interior and Local Government Secretary Jonvic Remulla, Philippine National Police chief Maj. Gen. Rommel Francisco Marbil. These officials were directed to explain within 24 hours why the writ should not be granted.

Solicitor General Menardo Guevarra reaffirmed the OSG's position by stating that the Philippines, "in the exercise of its sovereign prerogative, has withdrawn from the Rome Statute. Since the withdrawal took effect on March 17, 2019, the ICC can no longer exercise jurisdiction over the Philippines. The OSG has consistently maintained that the case against former President Duterte is inadmissible and that the ICC failed to exercise its jurisdiction in a timely manner."

Guevarra further emphasized that the Philippines has no legal obligation to recognize or cooperate with the ICC following its withdrawal.

"We have an independent, functioning judicial system capable of investigating and prosecuting cases, should there be any need. The ICC's warrant of arrest against former President Duterte is a clear overreach and disregards the sovereign rights of our nation," he added.

This position has been maintained since the Duterte administration and has been largely upheld by the Marcos administration. The OSG's withdrawal from the case reinforces the government's stance that the ICC's jurisdiction is invalid and that Duterte's legal challenges should be resolved domestically.

The OSG's recusal is an extraordinary legal move, as the office traditionally defends government officials in major legal battles. By stepping away from this case, the OSG signals that it refuses to engage in what it considers a flawed legal process initiated by the ICC.

Former presidential legal counsel Salvador Panelo said that by recusing itself, "the OSG is sending a strong message that the ICC's warrant is not just legally void but also an affront to our judicial system."

"The arrest, detention, and even the abduction of Duterte, based on a warrant issued by a court that has no jurisdiction over the Philippines, is illegal and unconstitutional," said Panelo who has condemned the ICC's actions, characterizing them as an attack on Philippine sovereignty.

He added that the Philippine government should not entertain any foreign interference in domestic legal matters.

"The OSG's recusal is a clear rejection of ICC overreach. The government's lawyer is making it unequivocally known that the Philippines will not be dictated upon by an international tribunal that has no authority over us."

Political analyst Herman Tiu Laurel, president of the Asian Century Philippines Strategic Studies Institute (ACPSSI), said that the OSG's move is a continuation of the government's previous pronouncements.