OSG 'open to reconsider' stance on ICC jurisdiction: Berberabe

Solicitor General Darlene Berberabe. Screenshot from KC After Hours/YouTube

MANILA — The Office of the Solicitor General is "open" to reconsider its position regarding the jurisdiction of the International Criminal Court over the Philippines, its new chief has said.

In an interview with Karmina Constantino released Saturday, Solicitor General Darlene Berberabe acknowledged that lawyer Menardo Guevarra, whom she replaced, was just "trying to come up with a consistent position."

Berberabe added that "perhaps there [were] some political considerations or appearances that mattered at a certain point in time."

Shortly after the arrest of former President Rodrigo Duterte on March 11, his lawyers took Marcos government officials to the Supreme Court to question the legality of the move and also asserted that the ICC already had no jurisdiction over the nation as it had already withdrawn in 2019.

As the chief legal defender of the government, many thought the OSG would have naturally sided with the government and moved to shield the Marcos officials from legal challenges.

But in a surprise move, the OSG under Guevarra, who had also served as the justice secretary of Duterte, declined to represent the government agencies in petitions before the Supreme Court.

Guevarra said in a motion that due to the OSG's "firm position that the ICC is barred from exercising jurisdiction over the Philippines... [it] may not be able to effectively represent Respondents in these cases and is constrained to recuse itself from participating herein."

A man holds a portrait of former Philippines president Rodrigo Duterte in front of the International Criminal Court (ICC) where he will be appearing, in The Hague on March 14, 2025. Nicolas Tucat, AFP 

Duterte is detained at The Hague in the Netherlands to face crimes against humanity charges over his deadly war on drugs before the ICC. He is awaiting his confirmation of charges hearing in September.

When asked by Constantino whether rejoining the ICC would "muddle" the case of the former president, Berberabe said, "Maybe not."

The solicitor general explained that "there has already been a decision by the ICC that they have jurisdiction," noting that the case could just proceed.

The unresolved issue of Duterte before the top court would not be an "impediment," Berberabe added, "but I think that the consideration would be what will be the policy of this government with regard to the human rights protection and respect for international law."

"I am mindful that we defend the actions and the decisions of the republic and now represented by the president," she also said.

SARA DUTERTE TRIAL

On the impeachment trial of Duterte's daughter, Vice President Sara Duterte, Berberabe said she would just let lawmakers do their job and let their process work.

She signified readiness to take on a complicated case when the time the OSG needed to mediate, stressing that she would be guided by the constitution and its spirit.

"Kung ano ang pagkaintindi ng ordinaryong tao, 'yun siguro ang dapat iniisip. Take a step back ano ba ang gusto ng constitution natin. Kaya sa akin, mahalaga ring rule of thumb 'yung tanggalin kaya natin 'yung masyadong technicalities?" Berberabe said.

(How an ordinary person would understand it is probably what we should be thinking about. Take a step back, what does our Constitution really want? That’s why for me, a good rule of thumb is to remove excessive technicalities.)

"Tingnan lang natin...simplehan lang 'yung issue. Minsan may worth 'yon, 'yung simplehan lang 'yung issues baka mas matunton natin 'yung solusyon," she added.

(Let's simplify the issue. There is sometimes worth when we're just simplifying the issue. In this way, maybe we can come up with a solution more easily.)

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