SolGen recuses self from Duterte's habeas corpus plea

The Office of the Solicitor General, the government’s chief legal defender, has recused itself from the habeas corpus cases filed with the Supreme Court by the children of former president Rodrigo Duterte to compel the International Criminal Court (ICC) to release him from detention in The Hague where he is awaiting trial for crimes against humanity.

- DAPHNE GALVEZ

Solicitor General Menardo Guevarra said they have filed a manifestation and motion for recusal from the three habeas corpus petitions filed by Davao City Mayor Sebastian Duterte, Rep. Paolo Duterte and Veronica Duterte, stressing that the Philippines is under no legal obligation to cooperate with the ICC.

The high tribunal also said it has received a motion to drop Guevarra from the list of respondents in the cases.

In its nine-page motion, the OSG said the country's withdrawal from the Rome Statute in 2019 had effectively extinguished its obligation to cooperate in ICC proceedings.

“In steadfast adherence to this sovereign decision, the OSG has consistently maintained, both in its submissions before the ICC and in its public statements, that the case of the Philippines was not admissible and that the ICC failed to timely exercise its jurisdiction,” the motion read.