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Advocates Philippines
Supreme Court Lets Berberabe, OSG Return As Government Counsel In Duterte-ICC Case
Photo credit: ICC
The Supreme Court has allowed Solicitor General Darlene Berberabe and the Office of the Solicitor General (OSG) to resume representing the government in the petitions filed by former President Rodrigo Duterte and Senator Ronald Dela Rosa involving the International Criminal Court (ICC).
During its En Banc session on December 3, 2025, the high court granted the OSG’s Manifestation with Entry of Appearance, formally restoring the government’s chief legal office as counsel for the respondents in G.R. No. 278747, Duterte and Dela Rosa v. Bersamin, et al.
OSG Returns After Previously Withdrawing
The OSG had earlier stepped aside from the case under former Solicitor General Menardo Guevarra. On December 1, 2025, the OSG, now led by Berberabe, formally notified the Court of its intention to resume its role and requested copies of all related issuances to effectively continue representing the government.
The Supreme Court’s approval of the manifestation restores the OSG’s traditional role as the lead defender of government officials in matters involving constitutional and international law.
Case Centers on ICC Cooperation and Arrest-Related Issues
The petitions filed by Duterte and Dela Rosa question the government’s actions related to Duterte’s potential ICC arrest and the Philippines’ cooperation with ICC proceedings. The case has significant implications for executive authority, international obligations, and constitutional law.
Next Steps
With the OSG back in the case under Solicitor General Berberabe, the government’s legal position is expected to be clarified. The Supreme Court En Banc will issue further directives as it continues deliberating on the petition’s constitutional and international law aspects in the coming weeks.
During its En Banc session on December 3, 2025, the high court granted the OSG’s Manifestation with Entry of Appearance, formally restoring the government’s chief legal office as counsel for the respondents in G.R. No. 278747, Duterte and Dela Rosa v. Bersamin, et al.
OSG Returns After Previously Withdrawing
The OSG had earlier stepped aside from the case under former Solicitor General Menardo Guevarra. On December 1, 2025, the OSG, now led by Berberabe, formally notified the Court of its intention to resume its role and requested copies of all related issuances to effectively continue representing the government.
The Supreme Court’s approval of the manifestation restores the OSG’s traditional role as the lead defender of government officials in matters involving constitutional and international law.
Case Centers on ICC Cooperation and Arrest-Related Issues
The petitions filed by Duterte and Dela Rosa question the government’s actions related to Duterte’s potential ICC arrest and the Philippines’ cooperation with ICC proceedings. The case has significant implications for executive authority, international obligations, and constitutional law.
Next Steps
With the OSG back in the case under Solicitor General Berberabe, the government’s legal position is expected to be clarified. The Supreme Court En Banc will issue further directives as it continues deliberating on the petition’s constitutional and international law aspects in the coming weeks.
Dec 4, 2025
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