The Philippine government has yet to receive or confirm any warrant of arrest allegedly issued by the International Criminal Court (ICC) against Senator Ronald “Bato” dela Rosa, and discussions on possible extradition or surrender remain purely theoretical at this point, the Department of Justice said Tuesday.

Chief State Counsel Dennis Chan and Prosecutor General Richard Fadullon said the government is still studying all legal options under Republic Act 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity.

Chan said that, at present, everything remains in the theoretical space. “We have not seen nor received any copy of this ICC warrant of arres. Under RA 9851, the state has two options available to it—extradition and surrender. To close the door on one option and focus entirely on extradition would limit the state’s discretion,” Chan said.

Over the weekend, reports claimed that the ICC had issued an arrest warrant against Dela Rosa in connection with its probe into alleged crimes against humanity during the Duterte administration’s anti-drug campaign.

Chan explained that the newly released Supreme Court rules on extradition were crafted in response to a DOJ request last year for uniform procedures to handle such cases. “It just so happened that the rules came out at a time when extradition issues are being discussed publicly,” he said.

On the other hand, Fadullon added that, while the government acknowledges the ICC’s processes, any implementation of a warrant must be guided by local and international legal frameworks. “We are mindful that there are still pending petitions before the Supreme Court questioning the procedure adopted when the former president was transferred to The Hague. Out of courtesy and propriety, we prefer to wait for the Court’s resolution,” he said.

When asked which approach would be faster, Chan said surrender would take less time than extradition. “Theoretically, surrender is faster. Extradition requires a request through the Department of Foreign Affairs, transmittal to the DOJ, and judicial proceedings to determine compliance with the treaty,” he explained.

He also clarified that, while Dela Rosa is an incumbent senator, there is no law granting legislators immunity from arrest in such cases. “If the penalty is more than six years, arrest cannot be implemented while Congress is in session, but there is no absolute restriction,” Fadullon said.

The two DOJ officials emphasized that the ICC, not being a state party, cannot formally request extradition under Philippine law. However, surrender remains possible under RA 9851.

Chan said, “We have to remember that ICC is not a state. So technically, extradition as defined by our laws does not apply.”

The said officials of the DOJ reiterated that the Philippines, although no longer a member of the ICC, remains bound by international principles of reciprocity and comity.

“While we cannot be legally compelled, we are also weighing the diplomatic implications,” Chan said, noting that non-cooperation could affect future international relations.

The DOJ also took the opportunity to update reporters on the ongoing probe into alleged ghost flood control projects in Bulacan. Fadullon said the preliminary investigation for the first five cases, postponed due to last week’s typhoon, has been reset to Friday.

Fadullon said the parties and their lawyers have been informed of the new schedule, and they expect them to appear and secure copies of the complaints, while adding that related tax evasion complaints against certain contractors are also under evaluation.

Chan also responded to remarks suggesting that the “surrender” option under RA 9851 was not self-executing.

He said the position of the DOJ is that RA 9851 is self-executing, since Congress enacted it precisely to operationalize the Philippines’ obligations when it acceded to the ICC.

Also, the DOJ maintained that it has not received any official communication from the ICC, the Department of Foreign Affairs, or the Philippine Center on Transnational Crime in connection with the alleged warrant.