Carpio criticizes OSG’s refusal to represent government in responding to petitions before the Supreme Court, calling the move a mistake.
Former Supreme Court Senior Associate Justice Antonio Carpio condemned Solicitor General Menardo Guevarra’s decision to decline representation of the Philippine government in the case.
The former magistrate also took issue with Guevarra’s claim that the recusal was not a personal choice but an institutional decision.
According to Carpio, Guevarra holds a high-ranking position and has assistants and deputies who could step in if he wished to recuse himself.
If there was a conflict of interest, Guevarra could have inhibited himself personally instead of barring the entire Office of the Solicitor General (OSG) from representing the government, Carpio said.
By inhibiting the entire institution, Carpio argued that the OSG effectively stripped the Philippine government, particularly the president, of legal representation.
He emphasized that the OSG has only one client—the Philippine government—and its primary duty is to defend and represent it.
Carpio added that while the government may seek legal assistance from other agencies, it would have been better if Guevarra had personally recused himself while allowing the OSG to fulfill its mandate.
He stressed that Guevarra’s personal stance should not dictate the institutional position of the OSG.
If the Solicitor General does not support the president’s position on this issue, he should either personally inhibit himself or resign from his post, Carpio asserted.