Refusing to give Senator Ronald “Bato” dela Rosa a headstart, the Department of Justice (DoJ) on Tuesday declined to confirm or deny the existence of an International Criminal Court (ICC) arrest warrant against him.

The DoJ likewise rejected a request from Dela Rosa’s counsel seeking confirmation or guidance on the reported ICC warrant, maintaining its position of neither acknowledging nor dismissing the matter.

DoJ officials wrote to lawyer Israelito P. Torreon stating that they could not provide advice or guidance due to “judicial courtesy and ongoing proceedings before the Supreme Court.”

Torreon had sought clarification on whether the DoJ had received, acknowledged, or acted on any communication from the ICC, Interpol, or a foreign government concerning a warrant, Red Notice, or surrender request involving Dela Rosa.

Torreon also asked whether any directives had been issued to agencies, including the National Bureau of Investigation, Bureau of Immigration, or the Philippine National Police.

The DoJ cited an ongoing SC case in which petitioners within Dela Rosa’s camp sought the production of the alleged ICC warrant.

Covered by judicial courtesy

The High Court has already acted on related motions, and the Office of the Solicitor General is representing the DoJ and the Department of Foreign Affairs in the matter.

“Consistent with judicial courtesy accorded to all courts, we regret that we cannot issue any advice or guidance on the matter,” DoJ chief state counsel Dennis Arvin Chan said in the letter.

Dela Rosa has been hogging the headlines the past weeks after Ombudsman Jesus Crispin Remulla said he had received reports of an arrest warrant issued against the senator, claiming he had seen an unofficial copy of the warrant on his mobile phone.

Dela Rosa served as the first Philippine National Police chief in the Duterte administration and was the alleged implementor of the controversial “Oplan Tokhang,” the war on drugs campaign that is now the subject of an ICC investigation.

No confirmed warrant

However, there has been no authentication yet of the ICC arrest warrant for Dela Rosa, Interior and Local Government Secretary Jonvic Remulla said.

“It remains alleged to this day. As far as I’m concerned, I have yet to see any formal copy of a warrant of arrest or an official request for arrest from the ICC,” Remulla said at a Palace briefing.

“So just to make it clear, neither the DFA nor the DILG, PNP or the Center for Transnational Crimes has received a formal copy of a warrant of arrest.”

While several people claimed to have seen the ICC warrant, Remulla said no formal copy has yet been shown his department.

“There are several people who claimed to have seen a copy, but the formal copy has not yet been shown to us,” he said.

Several ex-cops implicated

Former senator Antonio Trillanes IV had previously noted that Dela Rosa and four other high-ranking ex-police officials were tagged as suspects in the ICC probe into former President Duterte’s war on drugs.

Trillanes is among the individuals who filed a case against Duterte before the ICC.

It was Ombudsman Jesus Crispin Remulla, then the Justice secretary, who said the ICC had issued a warrant for Dela Rosa. According to him, he had an unofficial copy of the warrant.

Torreon had previously said the government lacked the legal authority to surrender any of its citizens to an international tribunal because there were no rules governing the process.

Dela Rosa has not reported to the Senate for nearly two months, following reports that an ICC arrest warrant had been issued against him.