OSG maintains it can represent CIDG in sedition cases

(Eagle News)–The Office of the Solicitor General has maintained it can represent the Criminal Investigation and Detection Group as complainant in the sedition case against Vice President Leni Robredo and others.

In its 23-page omnibus comment, the OSG said its authority to represent the CIDG was “expressly provided” in Section 35, Chapter 12 of Executive Order No. 292.

According to the OSG, based on the provision, 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 OSG said its appearance was also not limited to criminal proceedings in the appellate courts, based on the case Philippine Lawyers Association vs Angara.

“The practice of law is not limited to the conduct of cases or litigation in court. It embraces the preparation of pleadings, and other papers incident to action and special proceeding, the management of such actions and proceedings on behalf of clients before judges and courts, and in addition, conveying,” the OSG said.

According to the OSG, its appearance as CIDG counsel was also legitimized by Paragraph 11, Section 35 of the Administrative Code that says the OSG “shall act and represent the republic and/or people before any court, tribunal, body or commission in any matter, action or proceeding which, in his opinion, affects the welfare of the people as the ends of justice may require.”

All in all, the OSG said “spread out” in the laws creating it is the “discernible intent which may be gathered from the term ‘shall,'” which it said was “nothing if not mandatory” under the principles of statutory construction.

According to the OSG, there would also be no conflict of interest if the case is elevated   to the appellate court since the OSG was representing the CIDG, a complainant in the case, and not the respondent.

“The gravity and seriousness of the offense/s not to mention the personalities involved of plotting to topple the duly constituted government and overthrow its duly elected President will essentially and necessarily affects the general welfare,” the OSG said.

“Hence, it is for this end that the OSG represents the CIDG to ensure that the respondents who probably committed a crime against the State should be indicted in court and bring forth to justice,” it added.

Earlier, Erin Tañada, Chel Diokno, Senator Leila de Lima and others asked the DOJ panel to remove the OSG as CIDG counsel  based on  Urbano vs Chavez and the Administrative Code that, they said, limits the appearance of the OSG to Supreme Court and appellate court proceedings and limits the appearance of the OSG to SC and appellate court criminal proceedings.

The sedition charges stem from the Ang Totoong Narco-list videos that accused President Rodrigo Duterte’s family of engaging in the illegal drug trade.