The Supreme Court (SC) on Wednesday denied Sen. Ronald “Bato” dela Rosa’s plea for a temporary restraining order (TRO) that would have blocked Philippine authorities from arresting him on the basis of a warrant issued by the International Criminal Court (ICC) in connection with the Duterte administration’s war on drugs.
Voting 9-5-1 in a special en banc session on Wednesday, the High Tribunal rejected Dela Rosa’s request for interim relief in G.R. No. 278747, a petition jointly filed by former President Rodrigo Duterte and the senator against Executive Secretary Lucas Bersamin and several government agencies.
The SC also denied the request for a status quo ante order (SQAO), which sought to prevent authorities from enforcing any ICC arrest warrant, Interpol red notice, diffusion order, or similar foreign-issued process without a warrant from a Philippine court.
The Court said it was not sufficiently convinced that Dela Rosa had shown a clear and unmistakable right to immediate relief. It instead directed the respondents to file their comments, leaving the main petition pending.
Dela Rosa had asked the Court to restrain the Department of the Interior and Local Government, Department of Justice, Department of Foreign Affairs, Philippine National Police, National Bureau of Investigation, Bureau of Immigration, Armed Forces of the Philippines and the Criminal Investigation and Detection Group from implementing any arrest related to the ICC probe.
The petition was filed amid speculation that the ICC would issue arrest warrants over alleged crimes against humanity tied to the anti-drug campaign during the Duterte administration, when Dela Rosa served as Philippine National Police chief.
Through his lawyers, Dela Rosa argued that local authorities could carry out what he described as “surrogate enforcement” of an ICC warrant even without judicial authorization from Philippine courts.
He also questioned the legality of a reported subpoena from the PNP-CIDG directing him to appear at Camp Crame in connection with investigations into alleged extrajudicial killings in Davao City.
His camp maintained that ICC warrants, Interpol notices, and other foreign-issued processes cannot replace a Philippine court warrant issued after a finding of probable cause.
The SC clarified that Wednesday’s ruling only covers the request for interim relief and not the merits of the main petition, which remains pending.
The full resolution, including the concurring and dissenting opinions of the justices, will be released on May 25, according to the High Court.
Palace: Arrest warrant valid
Meanwhile, Malacañang on Wednesday said that with the Supreme Court having denied Dela Rosa’s petition for a TRO, the warrant of arrest issued by the ICC was now being treated as valid and enforceable.
Palace Press Officer and Presidential Communications Office Undersecretary Claire Castro said the matter now rests with the Department of Justice.
“At this point, we can say that the warrant of arrest against Sen. Bato dela Rosa is valid. Any interpretation or evaluation of the Supreme Court’s resolution will be referred to Justice Secretary Fredderick Vida,” Castro said.
She added that the Office of the Solicitor General (OSG) considers Dela Rosa a fugitive, a position the Palace echoed.
“That is also the view of the OSG — that he is a fugitive. They said it does not need to go through local courts. So, since there is no TRO, we are saying the warrant of arrest is valid,” Castro said.
On Padilla helping Dela Rosa
The PCO also released CCTV footage showing Sen. Robin Padilla supposedly helping Dela Rosa leave the Senate premises on 14 May.
Castro said President Ferdinand Marcos Jr. supports accountability for all officials who may be found liable.
“We know that those who must be held accountable should be held accountable. If they are innocent, their names must be cleared. If this is considered an escape or departure, we will not pass judgment on that. But for the President, this is not proper,” she said.
Castro also said Malacañang will ask the Senate why Dela Rosa was allowed to leave while he was under its custody and despite an arrangement with the NBI to hold him pending the TRO.
On Dela Rosa’s appeal for presidential protection and not to be turned over to the ICC, Castro said the President can only abide by the rule of law.