The Department of Justice (DoJ) on Thursday ordered law enforcement agencies to arrest Senator Ronald “Bato” dela Rosa following a Supreme Court (SC) ruling that gave “implied recognition” to an arrest warrant of the International Criminal Court (ICC).

Justice Secretary Fredderick Vida said the National Bureau of Investigation (NBI) and the PNP have been tasked to enforce the ICC warrant after the SC denied Dela Rosa’s petition for a temporary restraining order (TRO) and status quo ante order.

The NBI had twice tried to arrest Dela Rosa in the Senate after he surfaced on 11 May to help install Sen. Alan Peter Cayetano in the Senate presidency. 

Dela Rosa left the Senate premises before dawn on 14 May, hours after a shooting incident in the building involving the Senate security force and NBI agents.

“I would like to confirm that the Philippine law enforcement agencies are now tasked to effect the arrest of Senator Ronald ‘Bato’ dela Rosa,” Vida told reporters.

Vida said the authorities were pursuing the arrest “so that the ends of justice may be achieved,” warning that those who help Dela Rosa evade arrest would face the legal consequences.

Interior and Local Government Secretary Jonvic Remulla, whose department exercises administrative supervision over the PNP, said the department would follow the DoJ’s lead regarding the arrest order.

Non-committal?

This position contrasts with earlier statements by Remulla, who had maintained that police action would require an Interpol notice and that any ICC warrant should be coursed through Philippine courts before enforcement.

The PNP gave a measured response, with its chief, Gen. Jose Melencio Nartatez Jr., saying the police force respects the processes of the justice system and recognizes the authority of the competent government agencies in implementing lawful orders.

“As a law enforcement agency, the PNP shall perform its mandate in accordance with existing laws, due process, and established operational procedures,” Nartatez said.

Former Integrated Bar of the Philippines president Domingo Cayosa said the Supreme Court’s refusal to issue a TRO effectively removed any uncertainty over the government’s authority to proceed with Dela Rosa’s arrest.

“Even before that resolution, enforcement could continue because official acts of government are presumed to be regular. If there is no TRO, enforcement should continue,” Cayosa said in a radio interview.

He described the ruling as an “implied recognition” of the arrest warrant’s validity.

“If the Supreme Court believed the warrant was void, it would have immediately issued a TRO because irreparable injury would result from arresting a Filipino citizen under a warrant with no legal effect,” Cayosa said.

6K killed

The ICC warrant identifies Dela Rosa as being among those allegedly responsible for crimes against humanity linked to the Duterte administration’s anti-drug campaign.

Human rights groups estimated that as many as 30,000 people were killed during the anti-drug operations, while official police figures placed the death toll at more than 6,000.

Dela Rosa, a former PNP chief and close ally of former President Rodrigo Duterte, has not been seen since leaving the Senate before dawn on 14 May after a failed attempt by authorities to serve the warrant inside the chamber. His camp has refused to disclose his whereabouts.

Duterte is under ICC detention in The Hague, Netherlands, awaiting trial.