Senator Francis Tolentino on Friday said he is still open to representing Senator Ronald “Bato” dela Rosa in his alleged involvement in the bloody war on drugs of the Duterte administration, which is now being investigated by the International Criminal Court (ICC).

“I mentioned that two or three years ago, but last year, statements came out claiming that I had been replaced by Senator Bato and that he had supposedly chosen Atty. Harry Roque as his lawyer,” Tolentino said in a press conference of the Alyansa Para sa Pagbabago campaign in Cavite.

“However, as of now, Senator Dela Rosa and I still haven’t spoken, not even through text. But if he ever seeks my personal legal advice, my phone remains open to his call," he added.

In 2023, Tolentino said he was representing Dela Rosa, who is co-accused with former President Rodrigo Duterte of committing crimes against humanity in relation to the latter’s bloody war on drugs that killed several thousands of Filipinos, mostly from poor families.

He noted that Republic Act No. 6713, also known as the Code of Conduct and Ethical Standards for Public Officials and Employees, would not hinder him from representing Dela Rosa, as he would simply seek exemption from then-Senate President Juan Miguel “Migz” Zubiri.

Under Republic Act No. 6713, incumbent public officials and employees shall not “engage in the private practice of their profession unless authorized by the Constitution or law, provided, that such practice will not conflict or tend to conflict with their official functions.”

The ICC guidelines state that “experienced lawyers who wish to represent defendants or victims as counsel before the Court must be admitted to the List of Counsel.”

Dela Rosa, who previously described himself as the “number 2 accused” in the ICC investigation into the anti-illegal drug campaign of the Duterte administration, said he would not surrender should the international tribunal issue a warrant of arrest against him.

He issued the remarks days after state forces arrested Duterte and flew him to The Hague, Netherlands, to face the international tribunal.

Dela Rosa served as the head of the Philippine National Police from 2016 to 2018 and led the anti-narcotics campaign of the Duterte administration — the controversial “Oplan Tokhang.”

ICC Assistant to Counsel Kristina Conti previously expressed confidence that the international tribunal would soon issue arrest warrants for Dela Rosa and Oscar Albayalde, who both led the PNP during the Duterte administration.

Albayalde succeeded Dela Rosa as the PNP chief from April 2018 until his early retirement in October 2019.

According to Conti, Dela Rosa is considered as “one of the persons most responsible” for the Duterte administration’s war on drugs, which left thousands of Filipinos allegedly involved in the illegal drug trade dead.

Based on government data, there were less than 7,000 people killed under Duterte’s war against illegal drugs, most of them from poor families. However, both local and international human rights organizations believe the drug war claimed more lives than these figures.