Senator Ronald “Bato” dela Rosa has doubled down on his legal battle against the International Criminal Court (ICC), telling the Supreme Court that the government has failed to cite any local law that would authorize his surrender without a warrant issued by a Philippine court.
In a newly filed reply to the comment submitted by the Office of the Solicitor General (OSG), Dela Rosa maintained that the international tribunal lacks the jurisdiction to prosecute or punish him. The senator is seeking a temporary restraining order (TRO) to block the enforcement of the ICC’s arrest warrant, arguing that the OSG failed to present valid legal arguments to counter his petition.
His legal team emphasized that without a locally issued warrant, Dela Rosa cannot be penalized for non-compliance.
“There is no valid warrant to implement, and conversely… Dela Rosa has no warrant that can be disobeyed,” the embattled senator said in his reply filed by his lawyers.
The defense asserted that the lack of a formal, domestic directive means there is currently no legal basis to demand his surrender to foreign authorities.
“The absence of a final and enforceable Philippine directive requiring surrender is critical. Fugitive status ordinarily presupposes defiance of an existing legal obligation to appear, surrender, or submit,” it said.
Dela Rosa further argued that he cannot be compelled to turn himself over while the legal framework of the ICC’s authority is still being actively litigated in the country’s highest court.
“In his case, Dela Rosa said there was “no such definitive obligation yet exists because the legality of the contemplated ICC enforcement remains actively contested before this very proceeding.”
The former police chief also hit back at the OSG for labeling him a fugitive, countering that he has not fled the jurisdiction, hidden his identity, or cut ties with the legal system. He specifically dismissed allegations that his departure from the Senate premises in the early morning hours of May 14 constituted an escape, pointing out the total absence of domestic criminal charges against him.
“Dela Rosa remains within Philippine territory, continues to publicly invoke the jurisdiction of this honorable court, and has not rendered himself permanently unavailable to Philippine authorities,” read a portion of his pleading.