March 18, 2025
MANILA – The Palace on Tuesday said the government may appoint its own lawyer to defend the arrest of former President Rodrigo Duterte by the International Criminal Court (ICC) in response to the consolidated habeas corpus cases filed by Duterte’s children.
This comes after the Office of the Solicitor General (OSG) recused itself from the case, maintaining its stance that the ICC has no jurisdiction over the country.
“What I know is that when I spoke with [Executive Secretary Lucas Bersamin], they will hire their own lawyer,” said Presidential Communications Office Undersecretary Claire Castro in a Radyo 630 interview.
READ: OSG inhibits from defending Marcos govt’s position on Duterte arrest
However, Castro said she was unsure if this meant the government would hire a private lawyer or counsel.
Asked if the government can instead appoint Bersamin or even Justice Secretary Jesus Crispin Remulla to represent the government, Castro responded in the negative, as both are listed as respondents in the habeas corpus cases.
“Mahirap ipagtanggol ang sarili (it would be hard to defend yourself),” she said.
Castro said the government may opt to hire a private counsel with the use of public funds as it “involved public duty.”
READ: SC to gov’t: Tell why habeas corpus writ must not be issued for Duterte
Named respondents in the petition include Bersamin, Remulla, the Philippine National Police, the Bureau of Immigration, and the military.
It was Solicitor General Menardo Guevarra himself, who also served as Duterte’s justice secretary in his administration, who made the manifestation submitted before the Supreme Court on Monday afternoon.
Castro said she has yet to hear about President Ferdinand Marcos Jr.’s sentiments over Guevarra’s inhibition from the case but stated that both share similar views that the ICC has no jurisdiction over the country.
She reiterated that the government merely complied with its commitments with the International Criminal Police Organization or Interpol, which enforced the ICC-issued arrest warrant against Duterte.
The ICC currently has custody of Duterte after he was arrested and sent to The Hague for crimes against humanity he allegedly committed during his administration’s bloody war against drugs, which left at least 6,000 people dead, and human rights groups reporting at least 20,000 killed.