The Marcos administration has formally asked the Supreme Court to clear the way for the arrest and possible surrender of Sen. Ronald “Bato” dela Rosa to the International Criminal Court (ICC).

In a comment filed before the high court, the Office of the Solicitor General (OSG) argued that Philippine authorities may lawfully enforce an ICC arrest warrant against Dela Rosa under Republic Act 9851, the country’s law on crimes against humanity and other international offenses.

Solicitor General Darlene Berberabe asserted that enforcing an ICC warrant “does not require a corresponding warrant of arrest issued by a Philippine court,” maintaining that the Executive branch has authority to carry out the arrest and surrender process.

The filing marked the clearest signal yet that the administration is prepared to cooperate with the ICC despite the Philippines’ withdrawal from the Rome Statute in 2019 under former President Rodrigo Duterte.

Last week, the ICC unsealed an arrest warrant against Dela Rosa, Duterte’s former police chief and allegedly the chief architect of the bloody anti-drug campaign that left thousands dead.

The ICC accused Dela Rosa, Duterte, and other alleged “co-perpetrators” of crimes against humanity involving murder linked to “Project Double Barrel,” the government’s anti-illegal drugs campaign launched in 2016.

Tagged ‘fugitive’

Dela Rosa briefly took refuge inside the Senate last week while asking the Supreme Court to block any arrest, detention, transfer, or surrender tied to ICC proceedings.

The government, however, portrayed the senator as evading lawful processes.

“By his own conduct, he has placed himself outside the protection of the law,” Berberabe said in the filing dated 16 May.

“Until he submits himself to lawful authorities, he must be deemed a fugitive from justice and should not be allowed to seek any relief from the courts,” the document added.

The OSG cited reports that Dela Rosa went into hiding after news broke of a possible ICC warrant. He later resurfaced during the Senate leadership change that installed Alan Peter Cayetano as Senate president before reportedly leaving the Senate premises again.

His current whereabouts remained unknown.

Constitutional crisis

The Department of Justice (DoJ) earlier said the ICC warrant would only be enforced after the Supreme Court resolves Dela Rosa’s petition — unless authorities determine he is attempting to flee abroad.

Dela Rosa and his allies insist that Article III, Section 2 of the Constitution requires arrest warrants to be personally issued by a Philippine judge upon a finding of probable cause.

Vice President Sara Duterte’s lawyer, Paolo Panelo Jr., warned that the country risks a constitutional crisis if the Executive branch proceeds without clear guidance from the Supreme Court.

“If the Executive doesn’t follow the law, and the Judiciary is silent, what is the Senate supposed to do?” Panelo said in a television interview.

But other legal experts sharply disagreed.

Lawyer Antonio Bucoy of the Free Legal Assistance Group argued that the ICC warrant should not be treated as a foreign warrant because the Rome Statute had been ratified by the Senate and incorporated into domestic law through Republic Act 9851.

“This is not a foreign warrant,” Bucoy said. “This is a warrant to arrest Sen. Bato under an international treaty implemented by an international tribunal.”

Impunity sanctuary

Former law dean Mel Sta. Maria likewise maintained that the Philippines remains legally bound to cooperate with the ICC over alleged crimes committed while the country was still a member of the Rome Statute.

In its concluding argument, the OSG warned that the case involved “interests far greater than the fate of a single individual.”

“The Philippines,” it said, “will never become a sanctuary for impunity.”