The Supreme Court (SC) has denied the request of Senator Ronald “Bato” Dela Rosa to stop the potential enforcement of an arrest warrant that may be issued against him by the International Criminal Court (ICC).
In a special session held Wednesday, the SC En Banc voted 9-5-1 to reject Dela Rosa’s plea for a temporary restraining order (TRO) and/or a status quo ante order (SQAO), according to a press briefer released by the high tribunal.
Dela Rosa’s petition aimed to bar Philippine government agencies from arresting him based on any ICC-issued warrant, Interpol red notice or diffusion, or any foreign judicial or quasi-judicial process without a prior warrant issued by a local court.
However, the Supreme Court clarified that the ruling applies strictly to the senator’s request for interim relief and does not yet resolve the core legal arguments of the case, including the validity of an ICC warrant or whether Dela Rosa qualifies as a fugitive from justice.
“The SC only decided on the prayers for interim relief. The main issues raised by the parties in their pleadings and motions are yet to be resolved in the main case,” the Supreme Court said.
With the denial of the TRO and SQAO, government authorities are legally permitted to proceed with actions related to the ICC warrant while the main petition remains pending.
The Office of the Solicitor General (OSG) previously opposed Dela Rosa’s petition, arguing that the senator should be treated as a “fugitive from justice” following his early morning departure from the Senate premises after a recent shooting incident.
The OSG also dismissed assertions from Dela Rosa’s allies that only Philippine courts can issue enforceable warrants in the country. Citing Section 17 of Republic Act No. 9851, the OSG stated that the State has the discretion to surrender individuals accused of crimes punishable under Philippine law to international tribunals or foreign courts, including the ICC.
“Since a fugitive from justice has demonstrated disrespect for legal processes, he or she has no right to call upon the courts and the judicial system to adjudicate any of his or her claims,” the OSG said in its filing.
Dela Rosa, who served as the chief of the Philippine National Police during the administration of former President Rodrigo Duterte, is currently under ICC investigation for alleged crimes against humanity linked to the previous administration’s controversial anti-illegal drugs campaign. The ICC has identified the senator as an alleged “co-perpetrator” in the war on drugs.