The National Bureau of Investigation (NBI) defended Tuesday its attempt, albeit unsuccessful, to arrest Senator Ronald “Bato” dela Rosa inside the Senate, insisting that the arrest warrant issued by the International Criminal Court (ICC) was valid and enforceable despite mounting legal and political resistance.

NBI Director Melvin Matibag said the agency had no discretion to ignore the ICC warrant, which the tribunal publicly confirmed this week after previously issuing it under seal.

Dela Rosa has asked the Supreme Court to issue a temporary restraining order on the NBI to cease from enforcing the warrant against him, while a private petitioner separately questioned Senate Resolution 44 placing the senator under Senate custody.

“It is my mandate as the NBI director and I need to implement it because I carry the full weight of the National Bureau of Investigation,” Matibag said in a television interview.

“The warrant is there, it’s valid, it’s alive, it’s been confirmed publicly by the ICC. It should be served,” he added.

NBI agents chased Dela Rosa within the Senate premises Monday but failed to arrest him, allowing him to vote for the leadership change that installed Alan Peter Cayetano as Senate President replacing Vicente Sotto III.

Senate checkpoints

The Senate later cited nine NBI agents in contempt, although they were eventually released to Matibag. Other agents allegedly involved in mauling a member of the Office of the Senate Sergeant-at-Arms are being identified.

Senators Joel Villanueva and Rodante Marcoleta separately questioned the NBI operation, including the checkpoints put up outside the Senate compound in Pasay City.

The ICC’s Pre-Trial Chamber I said it found reasonable grounds to believe Dela Rosa was criminally responsible for crimes against humanity linked to killings during former President Rodrigo Duterte’s anti-drug campaign.

Matibag denied that they intended to stop Dela Rosa from participating in the Senate proceedings, saying the operation was solely meant to enforce the warrant.

“We are a law enforcement agency and one of our mandates is to enforce a valid warrant of arrest issued by a judge,” he said.

Cayetano earlier said Sotto allowed the NBI agents to enter the Senate premises, although Sotto that denied he intended to “betray” Dela Rosa.

Matibag said the NBI agents coordinated with the Senate security force before the operation and were already positioned inside the building awaiting Dela Rosa’s arrival.