An official of the Department of Justice (DOJ) on Tuesday said the government will enforce the arrest of Senator Ronald “Bato” Dela Rosa once the International Criminal Court (ICC) issues a warrant.
Prosecutor General Richard “Dong” Fadullon said the matter is now a question of timing should such a warrant be confirmed.
The possible ICC warrant was first disclosed by Ombudsman Jesus Crispin Remulla over the weekend, though both the ICC and the DOJ have yet to verify it.
Chief State Counsel Dennis Arvin Chan said the DOJ has not received any copy of the alleged warrant. “We are just reacting to what we heard over the weekend and what has been circulating online,” Chan said.
However, Chan noted that if the warrant is real, the Philippines could either extradite or surrender Dela Rosa to the ICC.
“To close the door on one option and just focus entirely on extradition is limiting the state’s discretion under Section 17 of RA 9851,” Chan said, adding that the government is “seriously studying” all options.
Chan said a surrender would be faster than extradition.
“Theoretically speaking, the faster approach would be surrender because if we go through the extradition route, there will be a request for extradition coming in through the Department of Foreign Affairs. It will be transmitted to the DOJ for evaluation. We will file it in the proper trial court,” he explained, noting the process could take months.
Asked why the government does not immediately opt for surrender, citing the earlier surrender of former president Rodrigo Duterte to the ICC, Chan pointed out that a consolidated petition for habeas corpus filed by Duterte’s children remains pending before the Supreme Court.
The Duterte siblings are seeking the release of the former president, who is currently detained at the Scheveningen Prison in The Hague while facing charges of crimes against humanity related to drug war killings.
Chan said it may be practical to await the Supreme Court’s ruling. “There are many issues to weigh, many aspects to look into from different angles,” he said.
Chan also clarified that the ICC does not qualify as a “requesting state” under the country’s extradition law, and that the Philippines has no extradition treaty with the tribunal.
Meanwhile, Dela Rosa’s legal counsel, Atty. Israelito Torreon, said they have not received any official information confirming the issuance of a warrant but are aware of circulating reports.
Government records show around 6,200 drug suspects were killed in Duterte’s anti-illegal drugs campaign, though human rights groups estimate the toll could reach as high as 30,000 due to unreported cases. Dela Rosa was the police chief when the campaign was launched.