MANILA, Philippines — The Supreme Court has ruled that Solicitor General Menardo Guevarra cannot refuse to represent the government in legal proceedings, saying that such non-representation is “dangerous and should not be allowed.”

In a decision, obtained by Republika News Friday, penned by then-Chief Justice Reynato Puno on June 22, 2007, the Court reaffirmed the Office of the Solicitor General’s (OSG) mandate under Section 35, Chapter 12, Title III, Book IV of the Administrative Code of 1987, which states that the OSG “shall represent the Government of the Philippines, its agencies and instrumentalities and its officials and agents in any litigation, proceeding, investigation or matter requiring the services of lawyers.”

“The intent of the lawmaker was to give the designated official, the Solicitor General, the unequivocal mandate to appear for the government in legal proceedings,” the ruling noted, citing previous jurisprudence.

“He should not desist from appearing before the Court even in those cases where his opinions may be inconsistent with the government or any of its agents he is expected to represent,” it said.

The Court likewise said that bias, prejudice, animosity, or hostility do not constitute valid grounds for inhibition, stressing that unlike private lawyers, the Solicitor General “cannot refuse to perform his functions without violating his oath of office.”

The ruling has come under renewed focus after the OSG sought to “recuse” itself from a case involving habeas corpus petitions filed by the children of former President Rodrigo Duterte. 

The OSG argued that it could not “effectively represent” government respondents because it has consistently maintained that the International Criminal Court (ICC) has no jurisdiction over the Philippines.

A recusal refers to a party’s request to be excused from participating in a case due to a conflict of interest or inability to provide fair representation.

“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 effectively represent Respondents in these cases and is constrained to recuse itself,” the motion stated.

The OSG filed its manifestation and motion on Monday, following a March 13 show-cause order from the high tribunal directing the government to justify why the petitions for a writ of habeas corpus—filed separately by Veronica Duterte (G.R. No. 278768), Davao City Mayor Sebastian Duterte (G.R. No. 278763), and Davao City Rep. Paolo Duterte (G.R. No. 278798)—should not be granted.

A writ of habeas corpus is a legal remedy that protects individuals from unlawful detention or imprisonment.

This was filed shortly after former President Rodrigo Duterte was arrested after deplaning from a trip to Hong Kong following an ICC-issued warrant on the basis of crimes against humanity allegedly committed during his administration’s war on drugs campaign.