Bato still in Davao but no arrest yet unless ICC warrant is out: DILG

Senator Bato de la Rosa, who has been missing in action since November, is still in his hometown in Davao but cannot be arrested yet unless a warrant from the International Criminal Court is out, Interior and Local Government Secretary Jonvic Remulla confirmed Wednesday.

Contrary to the assertions of his brother, Ombudsman Boying Remulla, the DILG chief stood firm with his previous pronouncements that there is still no confirmation of an official ICC warrant, dismissing the allegations as mere “speculations.”

"We can't take any action on that unless there is an actual arrest warrant. There isn't one yet. I haven't seen anything. It's just speculation,” the DILG secretary added.

The alleged warrant was in connection with De la Rosa’s role in former president Rodrigo Duterte’s notorious bloody war on drugs, which saw thousands of people killed, mostly from poor communities.

Remulla did not explicitly confirm whether he tried to convince his brother to show him a copy of the supposed warrant, but he averred that the Ombudsman has been “evasive” in presenting the document.

Neither Malacañang nor concerned authorities, such as the DILG and the Department of Justice, confirmed the veracity of the alleged pending warrant against the senator, but Ombudsman Remulla maintained that he had seen the document firsthand through a liaison from the ICC, though specifics, such as the exact date, were not divulged.

The Ombudsman in December narrated that this corroborated a similar document shown to him by his colleagues in the DOJ, where he previously served as secretary before being appointed Ombudsman in October last year.

Despite having limited information, the Ombudsman said he felt the need to make it public, claiming it was more than a mere “scoop” but an “accountability issue” that the public deserves to know immediately.

Shortly after Ombudsman Remulla announced the alleged ICC warrant in November, De la Rosa been notably absent from the Senate.

Although colleagues confirmed that there have been ongoing efforts to convince De la Risa to report to work in person, Senate President Tito Sotto said they cannot compel him to do so because his office continues to function without him.

De la Rosa attempted to preempt the ICC warrant by asking the Supreme Court for a temporary restraining order to prevent him from being “subjected to illegal arrest or surrender to a foreign court.” He also petitioned the court to compel Ombudsman Remulla to produce a copy of the warrant, but the high court denied the petition.

His lawyer, Israelito Torreon, later sought the DOJ’s intervention, asking whether it had received or acted on any communication from the ICC or any foreign entities, such as Interpol, regarding a warrant or red notice involving Dela Rosa.

Similarly, the DOJ thumbed down the request, citing judicial courtesy and ongoing proceedings before the SC.

De la Rosa was Duterte’s first chief of police, serving from 2016 until he resigned in mid-2018. He was succeeded by retired police general Oscar Albayalde, who allegedly continued to oversee the “extrajudicial killings.”

ICC records showed that Duterte has nine co-perpetrators in his crimes against humanity case, though their names remain undisclosed as the documents are heavily redacted.

Though specific individuals, including De la Rosa, were publicly named for their significant roles in the controversial anti-narcotics campaign.

It has long been speculated that De la Rosa and Albayalde could be the next in line to face trial at the ICC in The Hague, Netherlands, where their former boss, Duterte, has been detained since his arrest in Manila on 11 March.

Albayalde earlier vowed that he would not resist arrest if the government enforced the ICC warrant through Interpol, while De la Rosa, who assertively stated that he’s “ready” for the possible ICC warrant, has been missing in action.

Consistent with the stance of Duterte allies and supporters, De la Rosa posits that ICC no longer has jurisdiction over the Philippines, following its withdrawal from the Rome Statute, the tribunal's treaty, in March 2019.

The ICC, however, argued that it still retains jurisdiction over the crimes committed prior to the country’s withdrawal.

Records from the ICC showed that during Duterte’s presidency, he implemented the so-called “common plan” with his co-perpetrators, including members of the Philippine National Police, the Philippine Drug Enforcement Agency, the National Bureau of Investigation, and high-ranking government officials.

De la Rosa was also the signatory of the Command Memorandum Circular 16-2016, which outlined general guidelines and tasks of police offices, units, and stations in the nationwide conduct of the brutal anti-drug campaign, dubbed as “Project Double Barrel,” most commonly known as “Oplan Tokhang” under Duterte’s watch.

The PNP came up with the scheme in 2016 as an anti-drug strategy aimed at eradicating illegal drugs pursuant to Duterte’s marching order to be a “drug-free” country within six months in office.

The operation was relaunched in 2017 as “Oplan Double Barrel Reloaded,” before becoming “Double Barrel Finale Version” in 2022—all of which covered Duterte's tenure as the country’s chief executive.