DOJ keeps ICC door open as Bato fights arrest warrant

The Department of Justice (DOJ) on Wednesday reaffirmed its position that the Philippine government may legally surrender a Filipino citizen to an international tribunal under existing domestic law, as legal pressure mounts over the International Criminal Court (ICC)’s arrest warrant against Senator Ronald “Bato” dela Rosa.

Justice spokesperson Polo Martinez said the DOJ’s earlier interpretation of Republic Act No. 9851,  the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, remains unchanged despite renewed debate over the country’s possible cooperation with the ICC.

“Same position. Under RA 9851, we may surrender a suspected or arrested person in the Philippines to the appropriate international court or tribunal. The other mode is extradition,” Martinez told reporters. 

The statement comes days after the ICC unsealed an arrest warrant against dela Rosa for alleged crimes against humanity tied to killings during the Duterte administration’s anti-drug campaign from July 2016 to April 2018. 

The warrant alleges that at least 32 individuals were killed during the period covered by the case.

The DOJ’s stance signals that the Marcos administration continues to leave open the possibility of cooperating with the Hague-based tribunal, even as several petitions questioning such cooperation remain pending before the Supreme Court (SC).

Martinez said the DOJ would still defer to the High Court on the broader constitutional questions surrounding the ICC’s jurisdiction and the Philippine government’s obligations.

The legal uncertainty intensified following the March 2025 arrest of former president Rodrigo Duterte, who, together with dela Rosa, asked the SC to block Philippine authorities from assisting the ICC and Interpol.

Dela Rosa has since filed a new manifestation before the High Court seeking immediate judicial protection and clarification on the legal implications of the ICC warrant. 

He also renewed calls for a temporary restraining order against government cooperation with the tribunal.

Separate petitions filed by Duterte’s children, including Veronica “Kitty” Duterte, Davao City Mayor Sebastian Duterte, and Davao City Representative Paolo Duterte, also remain unresolved.

Kitty Duterte recently submitted a second motion urging the SC to act on the petitions, arguing that more than a year has passed without substantive action from the tribunal.

The DOJ’s renewed position places RA 9851 at the center of the legal battle over the Philippines’ relationship with the ICC, particularly after the country’s withdrawal from the Rome Statute in 2019. 

While government officials have repeatedly questioned the ICC’s jurisdiction, the DOJ ent has maintained that Philippine law still provides mechanisms for surrendering suspects to international courts under certain circumstances.