The Office of the Solicitor General (OSG) urged the Supreme Court (SC) on Saturday night, May 16, to reject Senator Ronald “Bato” dela Rosa’s plea to halt the enforcement of an International Criminal Court (ICC) arrest warrant against him.
In its formal comment, the OSG effectively asked the high tribunal to clear the way for law enforcement agencies to execute the warrant. Dela Rosa has been named as a “co-perpetrator” alongside former President Rodrigo Duterte in an alleged “common plan” to eliminate suspected criminals during his time as Davao City police chief and later as head of the Philippine National Police (PNP).
Duterte is currently detained at The Hague in the Netherlands, awaiting trial on crimes against humanity charges stemming from thousands of deaths during his administration’s anti-drug campaign.
A Turbulent Return to the Senate
According to the OSG, Dela Rosa emerged last Monday, May 11, after spending six months in hiding. He appeared at the Senate to cast a critical vote that unseated Vicente “Tito” Sotto III as Senate President, paving the way for Senator Alan Peter Cayetano to take the chamber’s top post. Following his reappearance, the Senate placed Dela Rosa under protective custody.
On the same day, Dela Rosa’s legal team turned to the SC, seeking a temporary restraining order (TRO) to block the ICC warrant. Rather than granting the immediate freeze, the SC ordered the executive branch to submit its comment within a non-extendible 72-hour window.
The situation escalated early Thursday morning, May 14, when gunfire was reported inside the Senate building. Dela Rosa abruptly left the premises shortly after the incident, and his current whereabouts remain unknown. Despite his disappearance, his lawyers filed a reiterative motion later that day, again pleading with the SC for an urgent TRO.
OSG Slams ‘Evasion of Accountability’
In its submission to the high court, the OSG launched a scathing critique of the lawmaker’s actions, characterizing his conduct as a direct threat to the legal system.
“This is a case study in how the powerful corrodes the rule of law: a sitting Senator, sworn to uphold the law, who insists that he can determine when a warrant should or should not be enforced. He failed to discharge his duties as senator, and suddenly appeared to vote to replace the Senate President, at a time when the Impeachment Complaint from the House of Representatives is about to be transmitted. After seeking refuge from the august halls of the Senate, he ‘escaped’ and continued to hide.”
The government’s legal counsel emphasized that public office does not grant immunity from international judicial processes.
“In a constitutional democracy, no individual may place himself above lawful process simply because he disagrees with it. Such actions mock our institutions, by evading accountability while simultaneously taking advantage of the very legal processes meant, not only to uphold the rule of law, but to make sure that justice is served.”