No TRO yet on Bato’s plea vs ICC warrant

The Supreme Court  (SC) on Wednesday clarified that it has yet to rule on whether Senator Ronald “Bato” Dela Rosa may be arrested in connection with the arrest warrant issued by the International Criminal Court (ICC), stressing that the matter was not covered by its recent resolution.

The clarification came after questions surfaced on whether the High Court had granted or denied Dela Rosa’s request for a temporary restraining order (TRO) against the implementation of the ICC warrant.

SC spokesperson Atty. Camille Ting said the tribunal’s resolution merely ordered respondent government officials to file their comment on Dela Rosa’s manifestation and directed the senator to submit his reply afterward.

“The Resolution only requires the respondents to comment and for petitioner to file a reply,” Ting said.

In an earlier SC press briefer, the respondents were given 72 hours to comment on the manifestation, while Dela Rosa was directed to file his reply within a non-extendible period of 72 hours from receipt of the respondents’ comment.

“The Resolution did not state how the Banc voted,” she said when asked how the members of the Court voted on the matter.

In his manifestation filed Monday, Dela Rosa sought guidance from the High Court on the legal effect of the ICC arrest warrant and reiterated his appeal for the issuance of a TRO or writ of preliminary injunction to prevent his arrest or transfer to any foreign tribunal without prior judicial authorization.

“The specific issue on implementation of the arrest warrant is not covered,” she said.

The SC briefer, however, noted that the resolution was “without prejudice to the Court taking any interim or urgent measures as prayed for by Senator Dela Rosa, should it become necessary.”

Ting said this means the High Court may still issue interim relief, including a TRO, to a later date, while the petition remains under consideration.

“The Court can still grant the reliefs prayed for by the petitioner in the interim should it be necessary,” she said.