Even with an International Criminal Court (ICC) arrest warrant, which Ombudsman Jesus Crispin Remulla claimed has been issued, Senator Ronald “Bato” dela Rosa can find refuge in the Senate chambers, as Senate President Vicente “Tito” Sotto III affirmed yesterday that a senator cannot be arrested on the Senate grounds.

Sotto made the statement after Remulla said the ICC had issued a warrant of arrest for Dela Rosa in connection with the Duterte administration’s war on drugs.

 Dela Rosa  was the chief of the Philippine National Police under then president Rodrigo Duterte and played a key role as chief architect of the bloody anti-drugs campaign.

The Department of Foreign Affairs, however, said it has not received any information on an ICC arrest warrant.

In a statement, the DFA said no such document or  related papers have been coursed through proper channels, including the Philippine Embassy in The Hague, Netherlands. 

“We note that under the Rome Statute, arrest warrants, if any, can be transmitted directly to law enforcement agencies of the relevant countries,” the DFA said.

“I am not [privy] to a warrant being issued. But as I have said in the past and in consultation with some members of the Senate, to preserve the dignity of the Senate, and as a matter of institutional courtesy, we cannot allow any senator to be arrested while in the Senate premises,” Sotto told reporters.

“Outside the Senate premises, that’s no longer our concern,” he added.

Duterte, 80, has been detained at the ICC detention center in The Hague since 13 March this year, awaiting trial for alleged crimes against humanity committed during his term as both Davao City mayor and president.

ICC prosecutors have charged Duterte with three counts of crimes against humanity, accusing him of involvement in at least 76 killings tied to the drug war.

Dela Rosa, who had said he was “ready” to join Duterte should the ICC issue an arrest warrant for him, denied the rumors that  a warrant has been issued.

De la Rosa’s legal counsel, Atty. Israelito Torreon, said they have not received an  independent confirmation of the report.

No automatic extradition

Executive Secretary Lucas Bersamin, meanwhile, said the government will not automatically hand Dela Rosa over to the ICC even if an arrest warrant is issued, unlike former president Duterte who was whisked away in a private jet to The Hague.

Responding to questions on whether the process would be similar to a standard Interpol red notice, Bersamin said the Supreme Court has  established new rules on extradition. 

“Not anymore. The Supreme Court has since come out with a new rule on extradition requiring a prior resort to a court before the person subject to extradition may be brought out of the country,” he said.

Under the new Supreme Court rule cited by Bersamin, a local court must first determine the validity of any extradition request. The measure effectively shields Filipino citizens from being handed over to foreign or international authorities without judicial scrutiny.

Also, Bersamin clarified that while the  ICC may  have issued an arrest warrant for  De la Rosa, it may not yet have been transmitted through the International Criminal Police Organization (Interpol) for enforcement.

“Remember that the ICC might have issued, but might not have yet coursed the service through the Interpol,” he said.

No red notice received 

The Department of the Interior and Local Government (DILG) echoed this, noting that the Philippine Center on Transnational Crime has not received a red notice. 

“At present, there is no actionable document for the department to respond to. The DILG is currently focused on ongoing recovery operations in Cebu and on preemptive measures in preparation for the impact of Typhoon Uwan,” the DILG statement read.

Although the Philippines formally withdrew from the  ICC  in 2019, the tribunal maintains that it retains jurisdiction over alleged crimes committed while the country was a member.

De la Rosa served as Philippine National Police chief from 2016 to 2018.  

 The ICC has been investigating killings linked to the anti-drug campaign, including the potential criminal liability of Duterte, other former government officials, and law enforcement personnel involved in the operations since 2018. 

The issuance of an arrest warrant by the ICC was disclosed by Remulla in a radio program.

“I think so, I would say so. I have it on good authority that someone spoke to me earlier,” Remulla said when asked if the warrant had been confirmed.

The Ombudsman said the extradition process has been recently changed, following the Supreme Court’s new rules on extradition issued on 1 October, but he noted that the alleged offenses are considered “extraditable.”

Remulla emphasized that even though the Philippines is no longer a party to the Rome Statute and has no existing treaty with the ICC, the government respects the court as a legitimate foreign judicial body.