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SC allows OSG as gov't counsel in Rody cases

December 05, 2025

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The Philippine Star

The Supreme Court (SC) has allowed the Office of the Solicitor General (OSG) to resume as counsel for the government in petitions challenging the legality of the arrest and turnover of former president Rodrigo Duterte to the custody of the International Criminal Court (ICC).

- By DAPHNE GALVEZ

According to the SC, the high tribunal granted the manifestation of the OSG, now led by Solicitor General Darlene Marie Berberabe, to reenter its appearance as the government's counsel after the institution recused or inhibited from participating in the petition for certiorari last March.

Berberabe’s predecessor, Menardo Guevarra, had recused from the petition, saying he “may not be able to effectively represent” the government in the cases over its firm stance that the Philippines has no legal obligation to cooperate with the ICC nor recognize any process emanating from the ICC because of the country's withdrawal from the Rome Statute in 2019.

The move was granted by the SC in April, thus allowing the Department of Justice to take over the case.

A reentry became possible after the DOJ received an SC resolution in November, requiring a comment on the Duterte and Sen. Ronald dela Rosa's camps' urgent manifestation with prayer to stop the implementation of an arrest warrant against Dela Rosa, if there is one.

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