📷Solicitor General Menardo Guevarra
Solicitor General Menardo Guevarra told Presidential Communications Office Undersecretary Claire Castro on Tuesday, March 18, that only President Ferdinand Marcos Jr. can determine his tenure status.
Guevarra made the comments in response to Castro’s remarks that he should reassess his role after recusing himself from the International Criminal Court (ICC) case against former President Rodrigo Duterte.
“The (Office of the Solicitor General) is not only the government’s counsel; it is also the tribune of the people. The President, in his wisdom, fully understands this,” Guevarra told reporters in a Viber message.
When asked about his continued service as Solicitor General, Guevarra said, “Only the president can say that.”
Under Philippine law, the President appoints the Solicitor General, who holds a rank equivalent to a Cabinet Secretary. The tenure of the Solicitor General is at the president’s discretion, and the President has the authority to appoint or remove the Solicitor General as deemed necessary.
The OSG recently recused itself from the habeas corpus petitions filed by former President Rodrigo Duterte’s children, citing its long-held position that the ICC lacks jurisdiction over the Philippines.
In a motion filed Monday, the OSG asked the Supreme Court to approve its recusal, emphasizing that the ICC case is inadmissible and that the tribunal failed to exercise jurisdiction promptly.
“Considering the OSG’s firm position that the ICC is barred from exercising jurisdiction over the Philippines and that the country’s investigative, prosecutorial, and judicial system is functioning as it should, the OSG may not be able to represent Respondents in these cases effectively and is constrained to recuse itself from participating therein,” OSG said.
The OSG likewise reaffirmed that the Philippines has no legal obligation to cooperate with the ICC after withdrawing from the Rome Statute in 2019.
The motion, signed by Solicitor General Menardo Guevarra, emphasized the government’s sovereign decision to reject ICC processes. (TCSP)
