The New Face of Philippine Justice: Darlene Berberabe’s Ascent to Solicitor General

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By Louis ‘Barok‘ C. Biraogo — May 30, 2025

IN THE Philippines, where legal battles often mirror the nation’s fractious politics, the appointment of Darlene Marie Berberabe as Solicitor General on May 29, 2025, marks a pivotal moment. A trailblazing lawyer, academic, and public servant, Berberabe steps into a role that is both a legal linchpin and a political lightning rod. As the nation grapples with the fallout of former Solicitor General Menardo Guevarra’s refusal to defend the Marcos administration in a high-stakes Supreme Court case tied to the International Criminal Court (ICC) and former President Rodrigo Duterte, Berberabe’s appointment raises urgent questions: Is she a merit-driven choice to restore the Office of the Solicitor General’s (OSG) credibility, or a strategic move by President Ferdinand Marcos Jr. to tighten his grip on a restive administration? And can a woman lauded for her integrity navigate a role where political loyalty and the rule of law often collide?

The Solicitor General’s Throne: Power, Politics, and Peril

The Solicitor General is the Philippine government’s chief legal advocate, tasked with defending its interests in court, reviewing contracts, and handling sensitive issues like citizenship and annulments. The OSG’s motto, “Tribune of the People,” belies its often contentious role, especially under leaders like Jose Calida, who used it to target critics during the Duterte era. Guevarra’s tenure, however, exposed a different tension. His refusal to represent the government in a habeas corpus petition filed by Duterte’s children—challenging their father’s arrest and extradition to the ICC for alleged crimes against humanity—sparked controversy. Guevarra cited the OSG’s consistent stance that the ICC lacks jurisdiction over the Philippines, a position rooted in the country’s 2018 withdrawal from the Rome Statute. This recusal, seen by some as a principled stand and by others as disloyalty, reportedly prompted Marcos to accept Guevarra’s courtesy resignation during a broader cabinet shake-up.

Berberabe’s appointment arrives at a delicate juncture. The ICC-Duterte case has deepened the rift between Marcos and the Duterte clan, a powerful political dynasty. Marcos’s public disavowal of ICC cooperation—“We’re consistent on this, we do not help the ICC’s investigation”—clashes with the need to uphold legal obligations under international law, placing the OSG in a precarious spot. Politically, Berberabe’s selection could signal Marcos’s intent to install a Solicitor General who aligns with his administration’s priorities, particularly as he navigates a Supreme Court dominated by Duterte appointees. Yet her credentials—summa cum laude from UP, a respected academic, and a proven public servant—suggest a merit-based choice. The question lingers: Is Marcos consolidating loyalty, or betting on Berberabe’s competence to stabilize a fractious legal landscape?

Berberabe Unveiled: Scholar, Reformer, Corporate Powerhouse

Darlene Berberabe’s career is a tapestry of academic brilliance, public service, and corporate savvy. Born in Batangas to a mayor and a doctor, she graduated summa cum laude from UP Diliman in 1989 with a philosophy degree, becoming the first female Philosophy instructor at the university. She later earned a master’s in philosophy and, in 1999, graduated salutatorian from UP Law. Her academic ascent culminated in her appointment as the third female dean of UP College of Law in 2023, where she championed critical thinking and collaboration to produce leaders for government and beyond.

Her professional journey is equally remarkable. As Pag-IBIG Fund CEO from 2010 to 2017, Berberabe transformed a government housing fund into a P380 billion, ISO-certified institution, earning accolades like Outstanding CEO in Asia. She navigated controversies, notably a 2015 Senate probe into an alleged deal with a security agency linked to then-Vice President Jejomar Binay. Berberabe denied any pressure, emphasizing transparency and disqualifying the agency for being “one minute late” in a bid. Her integrity shone through, reinforced by awards like the 2013 Outstanding Women in Nation Service and the 2025 Inquirer Women of Power.

In the private sector, Berberabe served as chief legal counsel for Procter & Gamble Philippines and later as CEO of Philab Industries, a healthcare firm. Her directorships at SM Prime Holdings, UnionDigital Bank, and others highlight her corporate clout. Yet these ties raise questions: Does her corporate experience risk blurring the line between public service and private interest? Her ability to juggle these roles—academic, public servant, corporate leader—equips her for the OSG’s multifaceted demands, from defending government contracts to handling politically charged cases. But the Pag-IBIG controversy, tied to Binay’s influence, underscores the scrutiny she’ll face in a role where independence is paramount.

Battle of Titans: Berberabe vs. Guevarra in a Political Crucible

Compared to Guevarra, Berberabe brings a less politically entangled profile. Guevarra, a Duterte ally and former Justice Secretary, carried baggage from his ties to Duterte’s executive secretary, Salvador Medialdea. His ICC recusal, while legally defensible, fueled perceptions of divided loyalties, prompting calls for his resignation. Berberabe, by contrast, has no overt ties to the Duterte camp. Her Pag-IBIG tenure under Aquino aligns her with a rival political faction, potentially making her a neutral figure to depoliticize the OSG. Yet her appointment during Marcos’s cabinet shake-up, alongside figures like Ping Aliling and Tess Lazaro, suggests a strategic alignment with his agenda.

The timing of her appointment is telling. Berberabe was a contender for a Supreme Court seat, interviewing with the Judicial and Bar Council just weeks before her OSG appointment. Marcos’s decision to place her in the OSG instead suggests he prioritizes stabilizing the government’s legal defense over reshaping the judiciary. The OSG’s role in high-profile cases—like the ICC-Duterte dispute or potential Marcos family-related litigation (e.g., recovering ill-gotten wealth)—makes it a critical battleground. Berberabe’s corporate ties, particularly to SM Prime, a conglomerate with vast government contracts, pose potential conflicts. Will she recuse herself from cases involving these entities, or will her integrity hold firm, as it did at Pag-IBIG?

Charting the Path Forward: Can Berberabe Redefine the OSG?

Berberabe must prioritize restoring the OSG’s independence, battered by its politicization under past regimes. She should establish clear protocols for handling politically sensitive cases, ensuring decisions are grounded in law, not loyalty. The ICC-Duterte case is a litmus test: Can she balance Marcos’s anti-ICC stance with the OSG’s duty to uphold international obligations? Transparency in her decision-making—modeled on her Pag-IBIG Senate testimony—will be crucial.

To navigate political pressures, Berberabe should leverage her academic credibility and public service record to build trust. Engaging with civil society and legal scholars, as she did at UP Law, can shield her from accusations of partisanship. She must also address potential conflicts of interest by publicly disclosing her corporate ties and recusing herself where necessary.

Reforms are overdue. The OSG needs a framework to insulate it from executive overreach, perhaps through a merit-based selection process for assistant solicitors general or mandatory public reporting on case decisions. Berberabe’s experience modernizing Pag-IBIG and updating the Revised Penal Code suggests she can drive such changes.

A Powerhouse or a Pawn? The Philippines’ Legal Crossroads

Berberabe’s appointment signals a Philippines at a crossroads. Her blend of integrity, intellect, and adaptability could herald a return to principled governance, but only if she resists the undertow of political expediency. As a woman who broke barriers at UP and Pag-IBIG, she embodies the potential for reform. Yet the specter of corporate influence and Marcos’s consolidation of power looms large. Will Berberabe be a beacon of independence, or will she bend to the pressures of a polarized political landscape? The answer will shape not just the OSG, but the Philippines’ fragile commitment to the rule of law.