OSG tells SC: ICC arrest vs Bato can be enforced

The Office of the Solicitor General (OSG) has urged the Supreme Court to dismiss the pleas of Sen. Ronald “Bato” dela Rosa seeking protection from arrest over an International Criminal Court warrant, arguing that Philippine authorities may legally enforce the ICC order even without a separate warrant issued by a local court. 

In its 83-page comment filed before the high court in Duterte and Dela Rosa v. Bersamin, et al., the OSG argued that the executive branch has the authority to cooperate with the ICC under Republic Act No. 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity. 

The government said Section 17 of the law allows Philippine authorities to surrender or extradite persons accused before international tribunals for crimes punishable under the statute. It maintained that enforcement of the ICC warrant against Dela Rosa “does not require a corresponding warrant of arrest issued by a Philippine court.” 

The OSG also rejected Dela Rosa’s claim that his constitutional rights would be violated by any arrest tied to the ICC warrant. It argued that the ICC’s Pre-Trial Chamber already conducted its own judicial determination of probable cause before issuing the warrant and that the senator had been afforded due process under the Rome Statute framework. 

“Senator Dela Rosa’s right to due process was clearly safeguarded and upheld by the International Criminal Court in accordance with the Rome Statute,” the OSG said. 

The comment traced Dela Rosa’s role in former president Rodrigo Duterte’s anti-drug campaign, recounting how he was appointed Philippine National Police chief in 2016 and later issued Command Memorandum Circular No. 16-2016, which launched “Oplan Double Barrel.” 

The OSG cited ICC findings that the anti-drug campaign resulted in a “widespread and systematic attack” against civilians suspected of drug-related offenses. It also noted that official government data placed drug war deaths at 6,252, while independent estimates reached as high as 30,000. 

According to the filing, the ICC identified Dela Rosa as a “co-perpetrator” in an alleged common plan to “neutralize alleged criminals in the Philippines” during the Duterte administration’s anti-drug campaign. 

The OSG likewise argued that the Philippines remains legally bound to cooperate with the ICC despite its withdrawal from the Rome Statute in 2019. It cited the Supreme Court ruling in Pangilinan v. Cayetano, which recognized that withdrawal from the treaty does not erase obligations tied to proceedings initiated before the withdrawal took effect. 

Beyond the legal arguments, the filing sharply criticized Dela Rosa’s conduct following reports that an ICC warrant had been issued against him.

The OSG alleged that Dela Rosa “went into hiding” after reports surfaced about a possible warrant, only resurfacing on 11 May 2026 to participate in the Senate leadership vote that installed Alan Peter Cayetano as Senate president. 

The comment also recounted how the Senate later placed Dela Rosa under “protective custody” while tensions escalated at the Senate complex amid the possible execution of the ICC warrant. 

The OSG said Dela Rosa eventually left Senate premises early on 14 May 2026, with his whereabouts becoming unknown afterward. 

It argued that the senator’s actions reflected “the essence of being a fugitive from justice,” adding that fugitive disentitlement principles should apply to him. 

The filing also opposed Dela Rosa’s request for injunctive relief, saying he failed to establish a “clear and unmistakable right” requiring protection from arrest. 

Apart from opposing the petition, the OSG criticized Dela Rosa for attempting to convert the case into what it described as a “catch-all proceedings” by seeking multiple forms of relief, including requests for habeas corpus and demands for executive branch documents involving ICC communications and law enforcement coordination. 

The government said many of the documents being sought fall under executive privilege because they involve diplomatic exchanges, international law enforcement coordination, and national security matters.