Solicitor General Menardo I. Guevarra leaves it to the discretion of President Marcos to relieve him from his post at the Office of the Solicitor General (OSG).
Guevarra reminded that "the OSG is not only the government’s counsel but also the tribune of the people."
The issue on Guevarra's resignation as solicitor general cropped up after he filed a manifestation to recuse him and his office from participating in the three habeas corpus petitions filed before the Supreme Court (SC) on the case of former president Rodrigo R. Duterte.
The petitions which were filed by Duterte children asked the SC to nullify the arrest, detention, and turnover of the former president to the International Criminal Court (ICC) based in The Hague, Netherlands.
Acting on the petitions, the SC required the respondents, led by Executive Secretary Lucas P. Bersamin, to justice the arrest, detention, and turnover of Duterte to the ICC.
Instead of a justification in compliance with the show cause order, Guevarra filed a manifestation seeking his recusal from the three petitions.
Among other things, Guevarra cited ICC's lack of jurisdiction due to the withrawal of the Philippines from the international tribunal in 2019.
The ICC has been investigating Duterte for crimes against humanity in connection with the extrajudicial killings committed during the drug war when he was still Davao City mayor and president of the Philippines.
Duterte has appeared, albeat virtually, before the ICC during its first hearing.