The Supreme Court (SC) declined to issue an immediate Temporary Restraining Order (TRO) on Wednesday to block the enforcement of an International Criminal Court (ICC) arrest warrant against Senator Ronald “Bato” dela Rosa.
During a special full court session, the high tribunal instead ordered the Executive Secretary and several cabinet agencies to file their comments on Dela Rosa’s plea within a strict 72-hour window.
The Senator has remained holed up in his Senate office under protective custody since Monday night, following an arrest attempt by the National Bureau of Investigation (NBI).
“Senator Dela Rosa was likewise directed to file his Reply within a non-extendible period of 72 hours from receipt of the respondents’ Comment.”
The legal battle stems from a March 2025 petition filed by Dela Rosa and former President Rodrigo Duterte—who is currently detained in The Hague—challenging the ICC’s jurisdiction.
Dela Rosa’s legal team, led by Atty. Israelito Torreon, argues that any arrest based on a foreign warrant must first undergo Philippine judicial authorization.
“The SC held that this is without prejudice to the Court taking any interim or urgent measures as prayed for by Senator Dela Rosa, should it become necessary.”
The Department of Justice (DOJ) remains firm in its stance that the Philippines can surrender citizens to the ICC under Republic Act No. 9851, the same legal basis used for Duterte’s arrest last year. The ICC warrant tags Dela Rosa as an “indirect co-perpetrator” in crimes against humanity during the drug war, specifically linked to at least 32 deaths between 2016 and 2018.
While the SC is currently in a decision-writing recess, the 72-hour deadline signals the urgency of the matter, though it remains unclear if the TRO will be revisited before regular sessions resume in June.