The Department of Justice (DOJ) on Friday refused to disclose operational details surrounding the planned arrest and transfer of custody of Senator Ronald “Bato” dela Rosa, saying public discussion of the process could compromise law enforcement efforts tied to proceedings before the International Criminal Court (ICC).

DOJ spokesperson Atty. Polo Martinez said the procedures to be followed by authorities are considered sensitive operational matters and will not be released publicly.

“The procedure to be followed pertains to operational matters that cannot be publicly disclosed so as not to defeat the ultimate objective to bring him to the ICC and exact justice,” Martinez told reporters in a Viber message.

The DOJ earlier confirmed that the Philippine National Police (PNP) and the National Bureau of Investigation (NBI) have been tasked to implement any arrest order against Ronald “Bato” dela Rosa, who is facing proceedings before the ICC in connection with the crimes against humanity case linked to former president Rodrigo Duterte.

Authorities, however, have yet to clarify how custody would be transferred once the senator is apprehended, citing security and operational concerns.

Both tracker teams from NBI and PNP are on the hunt of Dela Rosa’s whereabouts after he left the Senate following his placement under protective custody.

Senator Robin Padilla admitted that he accompanied dela Rosa out of the Senate complex hours after a shooting incident and dropped him off somewhere in Makati City, but denied helping the senator evade authorities.

Padilla said dela Rosa asked to ride with him when he was preparing to leave the Senate in the early hours of Thursday, and that he agreed because the senator had no vehicle at the time.

According to Padilla, dela Rosa had arrived at the Senate earlier in the week using Senate President Alan Peter Cayetano’s vehicle.

Padilla said he later dropped dela Rosa off in Makati, where the senator was picked up by his own vehicle. He added that he did not ask where Dela Rosa intended to go afterward.

The senator rejected claims that Dela Rosa had escaped custody, arguing that no Philippine court had issued a warrant for his arrest.

“Para sa akin, hindi siya fugitive. Hindi ko matanggap na basta na lang natin tatawaging ganoon dahil sinabi ng dayuhan. Kailangan din natin igalang ang sarili nating proseso bilang bansa,” Padilla said.

Meanwhile, Dela Rosa’s legal counsel, lawyer Israelito Torreon, released a lengthy public statement explaining why his legal team would not pursue a petition for habeas corpus at this stage.

Torreon said the remedy would be “premature” because dela Rosa has not been arrested or detained and therefore does not meet the legal requirements for habeas corpus proceedings.

He stressed that the senator voluntarily sought protective custody from the Senate under Senate Resolution No. 44 and later left the premises on his own.

The lawyer also argued that there is currently no identifiable “illegal custodian” who could be named in a habeas corpus petition, adding that filing such a case could even expose dela Rosa to greater legal risk.

Torreon warned that naming agencies such as the NBI in a habeas corpus petition could effectively compel authorities to produce dela Rosa before the courts, potentially giving law enforcers a legal basis to move against him.

Instead, Torreon said the defense would continue pursuing constitutional remedies before the SC through G.R. No. 278747, which challenges the legality of surrendering Philippine citizens to the ICC without judicial authorization.

He also acknowledged public suggestions made by former presidential legal counsel Salvador Panelo regarding possible legal remedies, but urged that discussions on litigation strategy be handled privately among lawyers to avoid compromising the defense.