Palace tells Guevarra to assess if he is still fit to be SolGen

Malacañang on Tuesday called on Solicitor General Menardo Guevarra to assess himself if he is still capable to serve as the government’s top lawyer after he recused from petitions filed by former President Rodrigo Duterte's children, who are seeking his release and return from The Hague, Netherlands.

Palace Press Officer Undersecretary Atty. Claire Castro said this at a press briefing when asked if there is a possibility that Gueverra will be removed from office following his decision to refuse defending the government on Duterte’s arrest.

“Wala pa pong napag-uusapan diyan dahil napakabago talaga nito. Lumabas lang ‘yata ‘to kagabi. Pero siguro mas maganda kung mismo si SolGen ang mag-assess sa sarili niya kung siya pa po ba ay nararapat na tumayo bilang Solicitor General,” Castro said.

In response to this, Guevarra told GMA News Online that he will “leave [the matter] to the President.”

He added that the OSG’s position will remain the same “irrespective of the personalities involved.”

He also said that he has no conflict of interest.

“The OSG represents the interest of the republic vis-a-vis the ICC and no other interest. Our recusal is not personal; it is institutional,” he said.

When asked if the office will recuse in all future petitions involving the ICC and Duterte, Guevarra said it is still up for discussion.

“It will depend on the nature of the cases that may be filed in the future,” he said

The Office of the Solicitor General (OSG) on Monday afternoon filed a manifestation before the Supreme Court seeking to recuse itself from the consolidated habeas corpus petitions filed by Veronica "Kitty" Duterte, Davao City Mayor Sebastian "Baste" Duterte, and Davao City Representative Paolo "Pulong" Duterte with the high court.

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.

Meanwhile, the Department of Justice will represent the respondent government officials in the consolidated petitions of the Duterte siblings.

“We were given the authorization by the executive secretary to— na kami na ang sumagot at okay na. Nabigay na namin ‘yung comment namin kahapon,” Justice Secretary Jesus Crispin Remulla said in an ambush interview.

(We were given the authorization by the executive secretary to answer and it's already okay. We gave our comment yesterday.) 

Castro also denied allegations that Guevarra’s recusal was due to belief that there was something wrong with the Philippine government’s coordination with the International Criminal Police Organization (Interpol) regarding Duterte’s arrest.

“Ginagamit po kasi ito ng ibang mga partido na diumano naniniwala ang SolGen na may kamalian sa ginawa ng pamahalaan sa pakikipagtulungan sa Interpol. Maliwanag po kung inyong nabasa ang manifestation po ni SolGen Menardo Guevarra—binanggit lamang po niya na siya po ay naniniwala na walang hurisdiksiyon ang ICC sa Pilipinas. ‘Yan din naman po ang tinuran noon pa ng Pangulo,” she said.

(This news is being used by other parties to make people believe that SolGen believes that there was something wrong with the government's cooperation with the Interpol. But it is clear in his manifestation—he just mentioned that he believes that the ICC has no jurisdiction in the Philippines. That's what the President was also saying before.)

“Pero hindi po niya nabanggit kailanman sa kaniyang manifestation na mali ang pakikipagtulungan ng gobyerno sa Interpol. So, kung hindi po niya kakayaning ipagtanggol ang gobyerno, ang mga opisyal po ng gobyerno na tumugon sa Interpol, siguro sa kaniya pong damdamin lamang po ‘yun,” she added.

(But the SolGen never mentioned in his manifestation that the government's cooperation with Interpol was wrong. So, if he can't defend the government, the government officials who coordinated with the Interpol, maybe it's just his feelings.)

The Palace press officer also said it is not definite yet if the respondents in the petitions will get legal service from the government or private counsels to represent them, following Guevarra’s recusal.

She also said that there were no discussions yet if Guevarra’s move was done in relation to his former post as secretary of the Department of Justice during the Duterte administration.

She also underscored the importance for the Palace to find another lawyer who is more willing to defend the government, which executed Duterte’s arrest.

“It is very important. It’s very significant to get another lawyer who is very competent and very effective in defending the causes of the government,” Castro said.

Asked if the Palace does not see that from Guevarra as of now, she said, “As of the moment, he said he cannot effectively represent the government so it comes from him.”

Despite this, she said that she will not recommend to President Ferdinand “Bongbong” Marcos to replace Guevarra.

Resignation

Former senator Leila De Lima, who previously served as DOJ secretary, said that Guevarra should immediately resign from his post instead of simply recusing himself.

“As the Solicitor General of the Philippine government, his duty is to uphold the interest of the State. He clearly chose whose side he is on for refusing to defend the government in the certiorari and habeas corpus petitions filed by Duterte’s camp,” De Lima said.

Authorities last Tuesday served a warrant of arrest from the ICC against Duterte for crimes against humanity in connection with his deadly drug war that reportedly resulted in the deaths of at least 6,000 people, based on police data.

The former Philippine leader is currently in detention at the ICC prison at The Hague, Netherlands. He made his first appearance before the ICC on Friday, via video link.

Philippine officials have stated that the ICC's warrant was transmitted through the Interpol.

Malacañang also 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.—with reports from Joahna Lei Casilao/AOL/RSJ, GMA Integrated News