The Justice Department has ruled to allow the Office of the Solicitor General to act as a counsel for the Philippine National Police-Criminal Investigation and Detection Group.
The department made the ruling during the preliminary investigation of its complaint for sedition and other criminal charges against Vice President Leni Robredo and more than 30 opposition personalities allegedly involved in the plot to oust President Rodrigo Duterte.
In a resolution dated Aug. 23, the department’s prosecutors denied the motions filed by the respondents’ lawyers assailing the authority of the OSG to represent the PNP-CIDG.
The prosecutors said the preliminary investigation was not the proper forum to settle the issue, and that they would still be able to carry out their tasks as investigating prosecutors even if they did not decide the OSG’s qualification.
They said the OSG’s representation of the PNP-CIDG might be the subject of an appeal or review in the future, but they could not speculate this early “lest we be misconstrued of prejudging the outcome” of the probe.
“The panel deems it prudent not to make any determination as to the qualification or authority of the OSG to represent complainant CIDG as this issue remains particularly contentious,” the prosecutors said.
“In this view, the panel holds that it is not within its powers to disqualify the OSG from representing CIDG in these proceedings.”
Nonetheless, the prosecutors said, the denial of the motions was “without prejudice” to actions the respondents may take regarding the issue in the future “when they so desire” before a “proper forum.”
The lawyers of Robredo’s co-respondents earlier sought the disqualification of the OSG lawyers on the ground that the OSG had no such authority because its power was limited to representing the government in criminal cases before the Court of Appeals and the Supreme Court.
Senator Leila de Lima, former congressman Gary Alejano, and lawyers Jose Manuel “Chel” Diokno, Theodore Te and Lorenzo “Erin” Reyes Tañada III sought the OSG’s disqualification.
However, the OSG argued that the Administrative Code empowered it to represent the government “in any litigation, proceeding, investigation or matter requiring the services of lawyers.”