Manila, Philippines – Senator Ronald “Bato” dela Rosa has preemptively petitioned the Supreme Court (SC) to block the implementation of an anticipated arrest warrant from the International Criminal Court (ICC). The move comes as the ICC’s warrant for Dela Rosa, related to his involvement in the Duterte administration’s war on drugs, remains under wraps.
Dela Rosa, alongside former President Rodrigo Duterte, who is currently detained by the ICC, filed a petition for certiorari and prohibition, urging the SC to issue a temporary restraining order (TRO) against his potential arrest.
The petition, submitted on Thursday, November 13, seeks to prevent the Marcos administration from enforcing any ICC warrant, red notice, or surrender request against Dela Rosa. Additionally, it requests that the government refrain from assisting ICC witnesses and halt the transmission of any ICC-related communications pending the case’s resolution.
As the former chief of the Philippine National Police (PNP), Dela Rosa was at the forefront of implementing Duterte’s controversial drug war, which, according to human rights organizations, resulted in nearly 30,000 fatalities. The petition underscores the escalating legal battle surrounding the ICC’s investigation into alleged crimes against humanity in the Philippines.
Dela Rosa Challenges ICC Warrant Claims, Demands Ombudsman Remulla to Produce Alleged Document
Manila, Philippines – Senator Ronald “Bato” dela Rosa is escalating his legal battle against the International Criminal Court (ICC), demanding that Ombudsman Jesus Crispin “Boying” Remulla submit the alleged ICC arrest warrant that Remulla claims to possess. Dela Rosa, who served as the Philippine National Police (PNP) chief and is considered the “architect” of the drug war, seeks to challenge the warrant’s existence and legitimacy.
According to data from the Philippine Drug Enforcement Agency, at least 4,999 individuals died between July 2016 and October 2018, during Dela Rosa’s tenure as PNP chief.
In a separate petition filed with the Supreme Court (SC), Dela Rosa’s legal team is requesting the court to compel Remulla to present the purported warrant. The petition states, “Wherefore, it is respectfully prayed that this Honorable Court order Respondent Ombudsman Jesus Crispin Remulla to immediately submit a copy of the alleged ICC warrant he claims to possess on his mobile phone and direct him to file a sworn explanation stating how he obtained the alleged document, from whom, when, and under what authority.”
Remulla reiterated his claim during a press briefing on November 10, stating, “I have the warrant on my phone. But it’s not an official copy. [They] will go to the proper channels to implement it.”
ICC-accredited lawyer Kristina Conti explained that recent amendments to ICC rules mandate that all warrant requests be filed by the prosecutor as “secret.” Conti noted, “What this means is that, whether a warrant has indeed been issued or is still to be issued, it is most likely not intended to be made known to the public — until of course a suspect has been brought to the court. Considerations for publicizing or not publicizing a warrant include whether this could interrupt criminal conduct, deter the commission of other crimes, or maximize opportunities for arrest.”
Dela Rosa’s legal maneuvers highlight the intensifying conflict between the Philippines and the ICC, as the international court continues its investigation into alleged crimes against humanity related to the war on drugs.
Dela Rosa Cites Extradition Rules in Supreme Court Petition Amidst ICC Warrant Concerns
Manila, Philippines – Senator Ronald “Bato” dela Rosa is leveraging the newly-approved extradition rules by the Supreme Court (SC) as a key legal basis in his petition to prevent the implementation of an anticipated arrest warrant from the International Criminal Court (ICC). Dela Rosa’s move comes as the legal debate intensifies over the Philippines’ obligations and options concerning the ICC’s investigation into the war on drugs.
In his petition, Dela Rosa cited the SC’s new extradition rules, arguing that the court must first make a judicial determination of probable cause before any warrant of arrest may be issued for extradition or surrender. He further emphasized that “no surrender or turnover shall take place unless there is final judgment by the Court,” according to Rule 2, Section 158 of the newly approved rules.
Extradition, as defined, involves “the removal of an accused from the Philippines with the object of placing him at the disposal of foreign authorities to enable the requesting state or government to hold him in connection with any criminal investigation directed against him or the execution of a penalty imposed on him under the penal or criminal law of the requesting state or government.”
However, Department of Justice (DOJ) officials suggested on November 11 that the Philippines could surrender Dela Rosa to The Hague, Netherlands, where the ICC is based, through means other than extradition. These officials pointed out that surrender is a potentially faster route and that Republic Act No. 9851, the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, allows the country to extradite or surrender individuals wanted by an international court.
International law expert Ross Tugade contends that the newly approved extradition rules do not apply to Dela Rosa’s case. Tugade explained to Rappler, “The SC rules, and extradition as a process in general, strictly refers to another state requesting the presence of a person in their jurisdiction to answer for crimes. The ICC is not a state; it is a treaty-established court.”
The conflicting interpretations of legal procedures underscore the complex legal and political landscape surrounding the ICC’s investigation and the potential implications for Philippine officials. — Rappler