The legal team of Senator Ronald “Bato” dela Rosa has questioned the jurisdiction of the International Criminal Court (ICC) after the Supreme Court (SC) denied his request for a temporary restraining order (TRO) against an ICC-issued arrest warrant.
While Dela Rosa’s defense counsels stated that they respect the high court’s decision, they firmly maintained that the Philippine Constitution must reign supreme. The lawyers also announced their intention to file a motion for reconsideration.
“We respect the Honorable Court’s action on the application for interim relief. At the same time, it must be emphasized, with equal clarity, that the Supreme Court itself has stated that it acted only on the prayers for provisional relief,” The Law Firm of Torreon and Partners, representing the senator, said in a statement.
The firm clarified that the SC En Banc’s 9-5-1 vote only resolved the prayers for interim relief—specifically the TRO and a status quo ante order—and has not yet ruled on the core legal arguments of the petition.
“The main case remains alive. The constitutional questions remain squarely before the Supreme Court – and those questions are grave: whether the liberty of a Filipino may be placed at the mercy of a foreign process without the intervention of a Philippine court; whether Philippine authorities may enforce or facilitate international criminal processes after the Philippines’ withdrawal from the Rome Statute; and whether the Constitution remains the supreme and controlling law within the Philippine territory,” the law firm added.
Dela Rosa’s lawyers argued that the implications of the case stretch beyond the lawmaker, characterizing it as a fundamental issue of national sovereignty and judicial independence.
“merely personal” to him, but also “concerns the right of every Filipino to be protected by Philippine law, by Philippine courts, and by the guarantees of due process, liberty, and sovereignty enshrined in the Constitution.”
The defense team vowed to utilize all remaining legal avenues to contest the international warrant.
“We will exhaust every remedy available under law. We will continue to appear before every proper forum, at every stage of this litigation, with full respect for the Court and with full fidelity to the Constitution,” the legal counsels said.
The ICC previously confirmed that its Pre-Trial Chamber I issued a warrant of arrest against Dela Rosa on November 6, 2025, in relation to a crimes against humanity case involving former President Rodrigo Duterte. Dela Rosa served as the chief of the Philippine National Police (PNP) during the peak of the Duterte administration’s controversial anti-drug campaign.
The senator’s current whereabouts remain unknown. After briefly returning to the Senate on May 11, Dela Rosa has been reported missing again since May 14.