DOJ to wait for SC ruling on Bato’s ICC petition amid warrant reports

The Department of Justice (DOJ) on Thursday assured Senator Bato dela Rosa that it will wait for the Supreme Court’s ruling on his petition questioning the constitutionality of the Philippine government’s continued cooperation with the International Criminal Court (ICC) before acting on reports of an arrest warrant allegedly issued against him over his role in the Duterte administration’s anti-illegal drugs campaign.

Prosecutor General Richard Anthony Fadullon, however, said the DOJ cannot guarantee Dela Rosa’s safety if he chooses to come out of hiding amid reports of the ICC-issued warrant.

Fadullon stressed that the DOJ “does not guarantee anything,” adding, “we can only guarantee that we will abide by the rule of law.” He also said the DOJ has not seen any copy of the supposed arrest warrant.

He explained that any ICC communication would have to go through the Department of Foreign Affairs (DFA) and the Philippine Center on Transnational Crime (PCTC) before reaching the DOJ. For now, the department has no official information on the matter.

Fadullon reiterated that the DOJ will wait for the Supreme Court’s resolution of Dela Rosa’s petition, which challenges the arrest and potential surrender of former President Rodrigo Duterte to the ICC, as well as the legality of the Philippine government’s cooperation with the tribunal.

Dela Rosa, who has not appeared in the Senate, maintains that any arrest, transfer, or cooperation executed by the Executive branch without court approval constitutes grave abuse of discretion, violation of due process, and usurpation of judicial authority.

He cited the Supreme Court’s new Rules on Extradition Proceedings, which took effect on November 10, 2025, mandating that courts must first determine probable cause before issuing warrants of arrest for extradition or surrender. He added that “no surrender or turnover shall take place unless there is final judgment by the court.”

Meanwhile, Department of the Interior and Local Government (DILG) Secretary Jonvic Remulla said the government is monitoring Dela Rosa’s movements following reports of an ICC warrant.

“We are monitoring him. We know where he is. And we will just wait to see if the court really has an order or not,” Remulla said in an interview over GTV’s Balitanghali.

He disclosed that Dela Rosa has been seen at six different locations using different vehicles with help from friends. “He’s been moving from one house to another. His friends are hiding him. He stays inside the house then uses different vehicles whenever he needs to move,” Remulla said.

Remulla added that Dela Rosa cannot be considered a fugitive yet since the ICC has not officially released an arrest warrant. He also assured that the senator will be allowed to seek redress before the Supreme Court or lower courts if an arrest order is issued.

He said that whatever the courts decide, the government will abide.