OSG to comply with SC order on Bato plea vs ICC arrest

The Office of the Solicitor General (OSG) said it would comply with the Supreme Court (SC)’s directive requiring government respondents to comment on the urgent motions filed by Senator Ronald dela Rosa seeking protection from possible arrest linked to the International Criminal Court’s (ICC) investigation into the Duterte administration’s anti-drug campaign.

In a statement on Thursday, the OSG said it would submit the required comment on behalf of all respondents in the case filed by former president Rodrigo Duterte and Dela Rosa against Executive Secretary Lucas Bersamin and other government officials.

The OSG said the filing would address Dela Rosa’s “Urgent Manifestation with Omnibus Motion” and his “Extremely Urgent Supplemental Manifestation with Motion,” both dated  11 May 2026.

SC En Banc earlier ordered the respondents to submit their comments within a non-extendible period of 72 hours from the upload of the resolution on the eCourtPH system and its publication on the High Court’s website.

The OSG noted that the electronic notice showed that the resolution was uploaded at 6:44 p.m. on 13 May 2026, giving government lawyers until 6:44 p.m. on 16 May 2026 to comply.

“The OSG, as the statutory counsel of the Government, shall file, on behalf of all respondents in G.R. No. 278747, the appropriate Comment to Senator Ronald “Bato” M. Dela Rosa’s Urgent Manifestation with Omnibus Motion and Extremely Urgent Supplemental Manifestation with Motion, both dated 11 May 2026,” it said. 

Dela Rosa earlier asked the SC to stop any arrest, detention, transfer, or surrender related to reports that the ICC had issued a warrant against him over alleged crimes against humanity tied to the Duterte administration’s anti-illegal drugs campaign.

The senator sought a temporary restraining order, writ of preliminary injunction, or status quo ante order to prevent authorities from enforcing any ICC-related process without prior judicial authorization from the Philippine courts.

He also challenged the legality of a subpoena issued by the Philippine National Police-Criminal Investigation and Detection Group (PNP-CIDG) requiring him to appear at Camp Crame in connection with alleged extrajudicial killings during his tenure as Davao City police chief.

In a supplemental filing, Dela Rosa alleged that operatives from the National Bureau of Investigation attempted to block his entry into the Senate while former senator Antonio Trillanes IV allegedly presented a copy of an ICC arrest warrant against him.

The senator likewise asked the High Court to prohibit the NBI and Trillanes from arresting, detaining, or serving any ICC warrant or foreign-issued document against him.

His legal team argued that any ICC-related action, including a possible Interpol diffusion or Red Notice, could not replace a warrant issued by a Philippine court based on an independent determination of probable cause.

The SC, however, did not immediately grant the TRO sought by Dela Rosa. 

Instead, it ordered the respondents to comment on the urgent pleadings within 72 hours and directed the senator to file his reply within 72 hours after receiving the government’s response.

In a press briefer, the SC said its action was “without prejudice” to the Court taking interim or urgent measures, including those requested by Dela Rosa, should circumstances warrant immediate judicial intervention.

The SC may still issue interim relief, including a TRO, on a later date, while the petition remains under consideration.

Dela Rosa, who is currently under the protective custody of the Senate, has publicly appealed to President Ferdinand Marcos Jr. not to allow his transfer to The Hague in connection with the ICC proceedings.