Either way, Sen. Bato joining Rody at ICC jail
Chan noted that any government move could be affected by the pending habeas corpus petition filed before the Supreme Court by the children of former president Rodrigo Duterte.
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Daily TribuneChan noted that any government move could be affected by the pending habeas corpus petition filed before the Supreme Court by the children of former president Rodrigo Duterte.
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The Department of Justice (DoJ) has confirmed that the government is preparing for the possible arrest of Senator Ronald “Bato” dela Rosa if the International Criminal Court (ICC) formally issues a warrant against him over the bloody drug war of the previous administration.
Prosecutor General Richard Fadullon said Tuesday the government would act once an official warrant arrives, adding that the authorities are studying how and when such an order could be implemented.
“We are looking at several scenarios,” Fadullon told reporters. “One of those would be determining the length of time it will take before implementation.”
The disclosure followed Ombudsman Jesus Crispin Remulla’s weekend claim that the ICC had issued a warrant for Dela Rosa’s arrest. Neither the ICC nor the DoJ has confirmed this, however.
Chief State Counsel Dennis Arvin Chan said no formal communication has reached the government.
“We have not seen or received any copy of an ICC warrant of arrest,” Chan said. “We are just reacting to what we heard over the weekend and what has been circulating online.”
Still, he admitted the matter was being “seriously studied,” including the two potential legal avenues available: the surrender or extradition of Dela Rosa.
“To close the door on one option and just focus entirely on extradition is limiting the state’s discretion under Section 17 of Republic Act 9851,” Chan said, referring to the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity.
According to Chan, surrendering Dela Rosa to the ICC would be procedurally faster than extradition. “Theoretically speaking, the faster approach would be surrender.”
“If we go the extradition route, there will be a request through the Department of Foreign Affairs, which will then be transmitted to the DoJ for evaluation and filed in the proper trial court. That process may take months while a surrender would shorten the time,” he said.
However, Chan noted that any government move could be affected by the pending habeas corpus petition filed before the Supreme Court by the children of former President Rodrigo Duterte, who is currently detained at the Scheveningen Prison in The Hague on charges of crimes against humanity.
No extradition treaty
“As a matter of practicality or propriety, we may have to wait for the Supreme Court to decide on that issue,” Chan said. “Our position there is being questioned by the camp of the former president.”
Chan clarified that under Philippine law, the ICC does not qualify as a “requesting state,” as defined by the country’s extradition statute.
“The Philippines and the ICC have no extradition treaty,” he said, implying that surrender, not extradition, may be the more viable course.
No Senate immunity
Fadullon also addressed the confusion over legislative immunity, saying that lawmakers do not enjoy protection from arrest except under specific circumstances.
“If you’re talking about the possibility of arrest and the issue of immunity, there is no such thing, even if you are a legislator,” he asserted.
Under the Constitution, senators and representatives are immune from arrest only for offenses punishable by less than six years’ imprisonment, and only while Congress is in session.
“The restriction is lifted and arrest is possible if, for example, Congress is in recess,” Fadullon explained.
He said the government had taken note of Dela Rosa’s earlier statements about seeking refuge inside the Senate building.
“Certainly, that is one matter that will be taken into account in deciding what course of action the government will take,” he said.
Where, how to hide
As this developed, Senate President Pro Tempore Panfilo Lacson said he is willing to talk to his fellow former national police chief to offer advice should the ICC warrant materialize.
“I hope we can talk so I can give him some legal advice — not on hiding but how to go about facing criminal charges,” Lacson said.
“He already knows how to handle it since he also came from the PNP. But I want to share my experiences within the bounds of the law and the rules of the International Criminal Court,” he said.
Both Lacson and Dela Rosa headed the national police force before entering politics. Dela Rosa was PNP chief from 2016 to 2018 and oversaw the enforcement of then president Duterte’s war on drugs, which the ICC is investigating.
Government records show some 6,000 drug suspects were killed in official operations during the campaign, though human rights groups claim the number could reach 30,000 when unreported killings are included.
Lacson, who once went into hiding for over a year when he faced double murder charges that were later dismissed, joked about Dela Rosa’s predicament.
“He hasn’t decided yet if he’s going to hide,” Lacson said in jest. “If he decides to hide, I’ll teach him how to hide. Just kidding.”
He clarified that the comparison ended there: “In my case, it was under local jurisdiction. Dela Rosa’s situation involves an international tribunal.
As of press time, the ICC has not confirmed if it has issued a warrant for Dela Rosa.
The Philippines withdrew from the ICC in 2019, but the tribunal maintains jurisdiction over alleged crimes committed while the country was still a member.
For now, the DoJ says all scenarios are on the table.
“We are weighing all options carefully,” Chan said. “This matter requires both legal precision and respect for our national interest.”
