For Atty. Martin Delgra III, legal counsel of former President Rodrigo Duterte, Senator Ronald “Bato” Dela Rosa’s possible arrest by the International Criminal Court (ICC) should be handled differently from the former president’s case.

“Senator Bato will not be arrested immediately like they did with Former President Duterte,” Delgra said in an interview on the DZRH segment Balansyado Wednesday afternoon.

“First of all, we are no longer in the ICC, and second, this is provided for in our law, RA 9851,” Delgra continued.

Republic Act 9851, also known as the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, incorporates international criminal law principles into the domestic justice system. It ensures that perpetrators of the world’s most serious crimes can be prosecuted in the Philippines, regardless of their official capacity.

“It is also stated in the said law that if there are foreign warrants, they cannot be used in the country,” he remarked.

The legal counsel further described Duterte’s arrest as illegal, claiming that the government violated several laws in the process.

According to Delgra, it is “very concerning” that Philippine law is not being enforced within the country while “foreign law is being favored and implemented,” despite having no application in the Philippines.

Where is the warrant?

On 8 November, Ombudsman Jesus Crispin Remulla announced that the senator had been issued a warrant of arrest by the ICC, which Dela Rosa’s camp immediately denied.

Earlier today, Department of the Interior and Local Government (DILG) Secretary Jonvic Remulla clarified that the alleged arrest warrant originated from a third-party source.