The camp of Senator Ronald dela Rosa on Monday pushed back against claims that he is a fugitive from justice, insisting there is no legal basis to arrest or stop him from leaving the country over an alleged International Criminal Court (ICC) warrant tied to the Duterte administration’s bloody drug war.

Lawyer Israelito Torreon said the Office of the Solicitor General (OSG) failed to answer what he called the “central constitutional issue” of whether the government can enforce an ICC arrest warrant without any Philippine court order.

Torreon lamented there is no Philippine court-issued warrant or o domestic criminal case pending against Dela Rosa, rejecting assertions that the senator is evading justice.

The lawyer argued that any arrest or surrender to the ICC without local judicial authorization would violate constitutional safeguards.

“Senator Dela Rosa is not a fugitive from justice. That characterization is legally baseless and unfair,” Torreon added.

The camp also refused to disclose dela Rosa’s whereabouts amid growing speculation that authorities could move to arrest him following reports of an ICC warrant linked to the anti-drug campaign launched under former president Rodrigo Duterte.

“As to his current location, we cannot comment on such a matter,” Torreon said.

The legal offensive escalated after Partido Demokratiko Party (PDP) deputy spokesperson Ferdinand Topacio slammed Justice Secretary Fredderick Vida over remarks that dela Rosa could be arrested if he attempts to leave the country.

Topacio said there is no Hold Departure Order or arrest warrant issued by any Philippine court against the senator, making any move to stop him legally questionable.

He warned that enforcing an ICC warrant without domestic court recognition would violate the senator’s constitutional right to travel and could mislead the public on proper legal procedures.

Topacio earlier confirmed PDP Chairman Alfonso Cusi had tapped him to assist Dela Rosa in his legal defense as reports swirled about a looming ICC arrest warrant.

The controversy intensified after former senator Antonio Trillanes IV appeared at the Senate premises, claiming he possessed a copy of the supposed ICC warrant and that National Bureau of Investigation (NBI) personnel were prepared to serve it.

Earlier on 12 May, Dela Rosa appeared in the Senate after months of absence. He claimed that agents from the National Bureau of Investigation (NBI) tried to block his entry into the plenary hall.

The Senate later approved a motion placing the senator under the chamber’s protective custody.

Later that evening, chaos erupted in the building after gunshots were heard. Initial reports said the first shots were warning shots fired by the Senate’s Office of the Sergeant-at-Arms (OSAA), followed by gunfire allegedly coming from an NBI driver, causing panic inside the premises.

No casualties were reported. In the early hours of 14 May, Dela Rosa managed to leave the Senate premises. 

Senate President Alan Peter Cayetano defended Dela Rosa’s departure from the Senate, saying there was “nothing illegal” about it because no Philippine court had issued a warrant for his arrest. 

Cayetano stressed that Dela Rosa was free to leave and that he “chose to leave” on his own, rather than being forced out.

Dela Rosa, a former Philippine National Police chief, has long been linked by ICC prosecutors to “Project Double Barrel,” the signature anti-drug crackdown that left thousands dead and drew international scrutiny over alleged crimes against humanity.