OSG recuses from Duterte kids' petitions on father's release

The Office of the Solicitor General (OSG) on Monday afternoon filed a manifestation before the Supreme Court seeking to recuse itself from petitions filed by former President Rodrigo Duterte's children, who are seeking his release and return from The Hague, Netherlands.

This was confirmed by Solicitor General Menardo Guevarra. “Done,” Guevarra told reporters when asked about the filing.

In its nine-page motion, the OSG stated it “may not be able to effectively represent Respondents in these cases” due to its firm stance that the International Criminal Court (ICC) has no jurisdiction over the Philippines.

The OSG's manifestation pertains to the consolidated habeas corpus petitions filed by Veronica "Kitty" Duterte, Davao City Mayor Sebastian "Baste" Duterte, and Davao City Representative Paolo "Pulong" Duterte before the Supreme Court.

“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 OSG stated.

“Consequently, the Philippine Government has no legal obligation to cooperate with the ICC nor recognize any process emanating from the ICC following the country's withdrawal from the Rome Statute,” it added.

Supreme Court spokesperson Atty. Camille Ting confirmed that the SC received the OSG's manifestation at 1:03 p.m. on Monday.

Ting added that the High Court also received a motion to drop Guevarra as a party respondent.

The Philippines withdrew from the Rome Statute, the treaty that established the ICC, in 2019 after The Hague-based tribunal launched a probe into the Duterte's administration's drug war.

Philippine officials have stated that the ICC's warrant was transmitted through the International Criminal Police Organization (Interpol).

Malacañang said it was the prerogative of the Philippine government to comply with its Interpol commitments, while the Justice Department reiterated that the country remains an Interpol member despite its ICC withdrawal.

Duterte appeared before the ICC for the first time last Friday via video conference, facing charges of crimes against humanity linked to his controversial drug war.

The next hearing on the confirmation of these charges is scheduled for September 23, 2025. — DVM, GMA Integrated News