The Department of Justice and the Office of the Solicitor General have declared Senator Bato dela Rosa a fugitive from justice following the Supreme Court’s denial of his request for the issuance of a temporary restraining order. 

In fact, the Philippine National Police and the National Bureau of Investigation have been ordered to execute his arrest. This is pursuant to the warrant issued by the International Criminal Court for his alleged role in crimes against humanity related to the war on drugs.

Ideally, Dela Rosa should voluntarily surrender, considering that, unless the Court declares otherwise, the warrant issued and the execution of his arrest should enjoy the presumption of regularity. This is a well-settled rule. Besides, he can pursue legal remedies available to him once detained.

But his case is not ordinary. He knows he would immediately be transported to The Hague, just like what happened to former President Rodrigo Duterte. He is certain he will remain there for a considerable period, even if his case is dismissed. 

The tribunal, historically, has not granted any petition for interim release in similar cases and is expected to finish the proceedings. This means he would have to stay there for at least eight years, or even more, until his case is decided.

This is why, after taking refuge in the Philippine Senate building, he slipped away in the early hours of 14 May to evade being served the warrant, making him an escapee as far as the government is concerned. But whether or not he can still seek judicial relief depends on whether or not he is officially declared a fugitive.

Under the Supreme Court’s reinforced guidelines, as predominantly shaped in Vallacar Transit Inc. v. Yanson, a fugitive is anyone who flees — whether after conviction or after being charged — with the intent to evade prosecution or punishment.

However, for that status to attach, jurisprudence requires the court that issued the warrant, either upon motion or on its own, to formally declare the accused a fugitive from justice.

Once officially declared, he loses legal standing in court and is barred from seeking judicial relief, such as the filing of motions, petitions or any other pleadings.

What makes the senator’s case interesting is that the warrant was issued by an international tribunal, which, pursuant to the doctrine, obviously cannot make such an official declaration. 

The fact that the government’s intention is to surrender him directly instead of going through the domestic judicial process makes the issue much more difficult to resolve.

This, therefore, allows Dela Rosa to continue filing petitions in court to question issues relating to the warrant and other related concerns. Hopefully, the Supreme Court will rule on this issue soon.