The Office of the Solicitor General (OSG) on Wednesday welcomed the Supreme Court’s decision to reject Senator Ronald “Bato” dela Rosa’s plea for a temporary restraining order (TRO) and other injunctive reliefs aimed at blocking an arrest warrant issued by the International Criminal Court (ICC).
In a statement dated May 20, the state’s legal office asserted that the high tribunal’s denial of Dela Rosa’s application for a TRO, status quo ante order (SQAO), and writ of preliminary injunction (WPI) “indicates that the Court found no basis to stop the implementation of the ICC warrant.”
The Supreme Court initially revealed that the decision was reached through a 9-5-1 vote. However, the magistrates clarified that the ruling only covers the lawmaker’s request for immediate interim relief, leaving the core substantive constitutional and legal issues raised in his main petition still pending for final resolution.
Had they been granted, a TRO or WPI would have frozen the enforcement of the international warrant. An SQAO, on the other hand, could have mandated law enforcement to reverse any initial steps already taken toward implementing the arrest order.
The OSG had strongly opposed the senator’s prayer for injunctive relief in a comment submitted on May 16, arguing that Dela Rosa failed to satisfy the stringent legal prerequisites required by law. The government lawyers pointed out that the senator failed to establish a clear and unmistakable right that required judicial protection, nor did he prove an actual or imminent violation of any such right.
Furthermore, state prosecutors noted that a subpoena previously issued by the Criminal Investigation and Detection Group (CIDG)—which Dela Rosa heavily cited as a primary threat in his urgent plea—had already been recalled. Consequently, the OSG maintained that he failed to demonstrate any urgent and irreparable injury to warrant the high court’s immediate intervention.
“The Court’s denial of the TRO affirms that there is no legal impediment to the enforcement of the ICC warrant,” the OSG stated.
Emphasizing broader legal principles, the OSG highlighted the importance of due process, accountability, and the delicate balance of competing national and international interests. It dryly noted that individuals actively evading law enforcement “should not be entitled to ask for equity.”
The office reiterated the nation’s obligations under international law, pointing out that there are “crimes so grave that our government cannot simply look away.”
The OSG said it is currently awaiting the Supreme Court’s full and detailed ruling on the other remaining preliminary issues of the case.
Dela Rosa, who served as the chief of the Philippine National Police during the peak of the drug war, has dropped out of public sight following his departure from the Senate premises after a shooting incident last May 13. He faces intense scrutiny from the ICC over his alleged involvement in crimes against humanity connected to the controversial anti-illegal drugs campaign under the administration of former President Rodrigo Duterte.