Duterte’s ICC Drama Just Got Juicier: Solicitor General Bails on Marcos’ Mess

By Louis ‘Barok‘ C. Biraogo — March 17, 2025

Intro: The Recusal That’s Rocking Manila

MARCH 17, 2025, will go down in Philippine history as the day the Solicitor General’s Office threw the Marcos administration under the bus. In a shocking move, the OSG withdrew its defense of the government in a high-stakes habeas corpus case challenging Rodrigo Duterte’s detention by the ICC in The Hague. Citing their unwavering ‘no ICC jurisdiction’ stance, they left top officials like Lucas Bersamin and Jesús Crispin Remulla exposed and vulnerable. This isn’t just a legal recusal—it’s a seismic shift in the country’s political and legal landscape. Join us as we dissect this unprecedented moment with Kweba ng Katarungan’s signature smirk.

Backstory Bonanza: Duterte’s Drug War, ICC Stalkers, and a Treaty Tantrum

Duterte’s drug war was a blood-soaked free-for-all—thousands dead, human rights groups enraged, and the ICC circling since 2016. The Philippines signed onto the Rome Statute in 2011, only to ghost it in 2019 when Duterte flipped the bird at The Hague. But the ICC’s memory is long, and it’s eyeing crimes committed from 2011 to 2019.

Fast forward to March 11, 2025: Duterte gets nabbed, his kids scream habeas corpus, and the OSG bolts on March 17 at 1:03 p.m., leaving the Marcos crew high and dry.

Legal Lowdown: Jurisdiction Jousting, Duty Dodging, and Recusal Madness

Rome Statute Revenge: The ICC’s Got Receipts

The OSG’s “ICC’s out of bounds” mantra is a legal facepalm. Article 127 of the Rome Statute makes it clear: you can’t ditch jurisdiction over past crimes or ongoing investigations—like the one the ICC kicked off in 2016. Duterte’s 2011-2019 drug war spree? Fair game. The OSG is clinging to a fantasy where treaty fine print doesn’t exist.

RA 9851 Rumble: Philippines, You’re Still in This

RA 9851 (2009) is the Philippines’ own “yes, ICC” hall pass, with Section 16 mandating cooperation on investigations within its jurisdiction. The Supreme Court doubled down in 2021, ruling that withdrawal doesn’t nix pre-2019 obligations. Duterte’s March 11 arrest? Green-lit by law and precedent, no matter how much the OSG sulks.

Recusal Ruckus: Who’s Left Holding the Gavel?

The OSG’s “we can’t represent” sob story—because they reject ICC legitimacy—is a diva exit. They’ve left Bersamin, Remulla, and the PNP-BI-military squad to face Duterte’s kids in court solo. It’s like your lead counsel ghosting mid-trial because they don’t like your alibi—messy and potentially disastrous.

Political Powder Keg: Marcos vs. Duterte, Blood Feud Edition

This isn’t just a legal battle; it’s a political cage match. Marcos may be leveraging the ICC to recalibrate his administration’s global image, while the OSG’s recusal could be a Duterte loyalty flex or a “screw globalism” power play. The result? Marcos looks like he can’t control his own team, and Duterte’s clan gets a martyr boost. Globally, it’s a neon “we’re flaky” sign—good luck keeping allies when your lawyers won’t even show up.

Ethics Explosion: Solicitor General—Saint or Slacker?

The OSG’s recusal might seem noble—why argue what you don’t believe?—but it’s a gut punch to their duty. Government lawyers don’t get to cherry-pick cases; they defend the state, full stop. Solicitor General Menardo Guevarra is either too precious for the gig or too spineless to fight. Resign? If he can’t hack it, he should bounce. Fired? Marcos could axe him, but that’s a political grenade—better to let Guevarra stew in his own juice and see if he cracks.

Fix-It Frenzy: How to Salvage This Sinking Ship

Marcos’ Move: Skip the agency JV squad and call in the DOJ or OP legal MVPs. This isn’t a scrimmage; it’s the big leagues, and you need the best players on the field.
OSG Ultimatum: Guevarra, defend the arrest or quit by Friday. Principles don’t win cases; lawyers do.
Respondents’ Rally: Sync your in-house crews—PNP legal, BI counsel, military JAG—and pray for cohesion. Solo acts lose here.
Supreme Court Smackdown: Demand a real government stance, even if it means hauling Marcos in to pick a side.

Wrap-Up: A Legal Circus on Steroids

The OSG’s retreat isn’t just a bureaucratic blunder—it’s a spectacular implosion of legal strategy and political loyalty. The ICC’s jurisdiction is firm, RA 9851 and the Supreme Court have spoken, and Duterte’s arrest isn’t vanishing into thin air. Marcos is scrambling, Duterte’s influence festers, and Guevarra stands at a crossroads: will he be remembered as a defender of justice or a silent accomplice? This isn’t just legal maneuvering—it’s a high-stakes reckoning, and the world is watching.