SC may require court okay for Hague transfer

Checks and balances must exist in every institution, including international law, according to former University of the East College of Law dean Amado Valdez, who said the Supreme Court may require judicial clearance before any transfer of Sen. Ronald “Bato” dela Rosa to the International Criminal Court (ICC)

Speaking on DAILY TRIBUNE’s Usapang OFW, Valdez said any surrender to the ICC could be treated similarly to an extradition proceeding, where Philippine courts first determine whether due process requirements have been satisfied.

“This is part of due process. When it involves deprivation of liberty, due process must be observed,” Valdez said.

He explained that the 1987 Constitution guarantees that “no person shall be deprived of life, liberty, or property without due process of law” under Article III, Section 1.

Valdez argued that physically transferring a Filipino citizen to a foreign tribunal constitutes deprivation of liberty and therefore requires judicial safeguards.

He likened the process to extradition proceedings, in which domestic courts conduct hearings and determine probable cause before a person is surrendered to another state.

Legal vacuum

The legal debate comes amid arguments that the Philippines lacks a clear statutory framework governing cooperation with the ICC following the country’s withdrawal from the Rome Statute in 2019.

While extradition cases are governed by Presidential Decree 1069 and the 2025 Rules on Extradition Proceedings, no equivalent law currently exists for ICC-related transfers.

Valdez said this legal vacuum could compel the Supreme Court to impose constitutional safeguards similar to those applied in extradition cases.

Lawyers for Dela Rosa have raised the same argument in pleadings before the High Court, insisting that any arrest or surrender based on an ICC warrant must first secure judicial authorization under Philippine law.

The senator’s legal team argued that an Interpol diffusion or ICC warrant cannot automatically justify the arrest or transfer of a Filipino citizen without an independent determination by Philippine courts.

On 11 November 2025, the Supreme Court directed parties in several habeas corpus petitions filed by the children of former president Rodrigo Duterte to submit memoranda discussing the relationship among domestic law, constitutional rights and the Philippines’ international obligations.

Judicial guidelines

Valdez said the same constitutional principles governing extradition should apply to ICC transfers.

“Since the State must go to court before handing a Filipino to a foreign government for prosecution, the same principle should apply to surrender before the ICC,” he said.

As this developed, the Partido Demokratiko Pilipino pressed the SC to rule “expeditiously” on long-pending cases such as that of Dela Rosa.

The party said the lack of clear judicial guidelines on the enforcement of foreign or international warrants, particularly in cases linked to the ICC has already created confusion that nearly escalated into violence during a recent Senate incident.