Panelo: OSG’s Refusal to Defend Officials Admits ICC Lacks Jurisdiction

Former chief presidential legal counsel Atty. Salvador Panelo believes that the Office of the Solicitor General’s (OSG) refusal to defend government officials in connection with the habeas corpus petitions regarding the arrest of former President Rodrigo Duterte is an admission that the International Criminal Court (ICC) has no jurisdiction in the Philippines.

Atty. Panelo made the statement following Solicitor General Menardo Guevarra’s filing of a manifestation of recusal before the Supreme Court on Monday.

In the recusal, Guevarra declined to represent government officials against the petitions filed by the former president’s camp.

He reasoned that he could not effectively represent the respondents because he maintains that the ICC has no jurisdiction in the Philippines.

Atty. Panelo also stated that the SolGen’s action is an admission by the government’s lawyer that the arrest, detention, and “kidnapping” of the former president were illegal and unconstitutional.

Atty. Panelo pointed out that the government’s implementation of an arrest warrant from an institution that has no jurisdiction in the country is considered illegal.

Therefore, he argued, if the SolGen were to defend the illegal actions of government officials, he would also be committing an illegal act.

Thus, he said, the SolGen’s adherence to his position that the ICC has no jurisdiction in the country is correct.

It is recalled that Atty. Panelo filed a petition for habeas corpus before the Supreme Court on behalf of Davao City Mayor Sebastian Duterte against government officials.

The petition challenged what they called the detention, “kidnapping,” and surrender of the former president to a foreign institution.

The petition requested that the former president be returned to the country.

It also asked that the government be held accountable for its violations of the constitution regarding FPRRD’s rights.

It further challenged what they termed the unpatriotic and abhorrent surrender of the country’s sovereignty to the ICC, which no longer has jurisdiction in the Philippines.