SC rejects Duterte, Bato request for ICC warrant disclosure

The Supreme Court on Tuesday denied a plea by former president Rodrigo Duterte and Senator Ronald “Bato” dela Rosa to compel the government to produce the supposed International Criminal Court (ICC) arrest warrant against the senator.

However, the SC also ordered key government agencies to respond to related allegations within 10 days.

In an en banc session on 18 November, the Court acted on the petition Duterte and Dela Rosa filed last 11 March challenging the legality of Dela Rosa’s arrest and questioning the Philippine government’s cooperation with the ICC.

The petitioners sought urgent relief through a Very Urgent Motion filed on 12 November, asking the High Court to direct Ombudsman and former justice secretary and now Ombudsman Jesus Crispin Remulla to submit a copy of the supposed ICC arrest warrant for Dela Rosa — a document Remulla had publicly claimed to have seen, according to news reports.

On 13 November, the petitioners filed a Very Urgent Manifestation accusing Remulla of making several public assertions: that an ICC warrant against Dela Rosa had already been issued; that a diffusion order was in effect; that the government would surrender the senator to the ICC without formal extradition; and that at least three witnesses had been placed under the Witness Protection Program at the ICC’s request.

The SC was also asked to take judicial notice of Remulla’s statements and require the Department of Justice (DOJ) and Department of Foreign Affairs (DFA) to certify whether any ICC warrants or official communications exist.

Duterte and Dela Rosa further sought a preliminary injunction, citing what they described as a “clear, present, and continuing danger” that the senator could be arrested or turned over to an international tribunal without due process.

In its resolution, the High Court denied the motion to compel the production of the alleged ICC warrant. However, it directed respondents — including Remulla; former Executive Secretary Lucas Bersamin; Justice Secretary Remulla; Interior Secretary Jonvic Remulla; former PNP chief Gen. Rommel Francisco Marbil; former CIDG director PMGen. Nicolas Torre III; former Solicitor General Menardo Guevarra; former Immigration Commissioner Norman Tansingco; former Foreign Affairs Secretary Enrique Manalo; and AFP chief Gen. Romeo Brawner Jr. — to comment on the petitioners’ Very Urgent Manifestation.

The respondents must file their comments through personal service within a non-extendible period of 10 days from receipt of notice.