MANILA, Philippines — Amid unconfirmed reports on his arrest by the International Criminal Court (ICC), Sen. Ronald “Bato” dela Rosa has turned to the Supreme Court for help to prevent it from being carried out.
In a 25-page “very urgent manifestation” filed before the SC yesterday, Dela Rosa, through his counsel Israelito Torreon, said the high tribunal must issue a temporary restraining order (TRO) or a writ of preliminary injunction to keep him from being “subjected to illegal arrest or surrender to a foreign court without due process.”
“Unless restrained, the respondents may again invoke ‘international cooperation’ or ‘comity’ to justify actions similar to the March 11, 2025 arrest and transfer of former President (Rodrigo) Duterte, which occurred without judicial order, without warrant of extradition, and in open defiance of constitutional boundaries,” Dela Rosa’s manifestation read.
“The petitioners therefore beseech this Honorable Court to assert its constitutional role as final arbiter of both judicial and constitutional propriety, and to prevent another constitutional breakdown that would erode the very notion of Philippine sovereignty,” it added.
Aside from Dela Rosa, named as petitioner in the manifestation was Duterte, who is currently detained at the ICC’s detention facility in The Hague following his arrest last March 11 for crimes against humanity in connection with the extrajudicial killings during his administration’s so-called war on drugs.
Dela Rosa, in his manifestation, also sought a TRO or preliminary injunction against any possible surrender request from the ICC as well as against the government’s extension of any form of logistical, financial, or protective assistance to ICC witnesses through the DOJ’s witness protection program.
“The Witness Protection, Security and Benefit Program, as created under Republic Act No. 6981, is designed exclusively for witnesses in criminal cases within Philippine jurisdiction. It does not authorize the use of public funds or official resources to facilitate witness participation in proceedings before a foreign tribunal whose jurisdiction the Philippines no longer recognizes,” the manifestation read.
Dela Rosa said the TRO or injunction must also cover transmission of “any ICC-related communication or correspondence through diplomatic or law enforcement channels pending final resolution of this case.”
Duterte and Dela Rosa have a pending petition for certiorari before the SC questioning the legality of the former president’s arrest and the country’s continuous cooperation with the ICC.
The senator filed his manifestation following Ombudsman Jesus Crispin Remulla’s pronouncement, in a radio program on dzRH last Nov. 8, that an arrest warrant has already been issued by the ICC.
No warrant copy yet
Concerned agencies like the Department of Justice (DOJ), Department of Foreign Affairs (DFA) and Department of the Interior and Local Government (DILG), which has supervision over the Philippine National Police (PNP), said they have yet to receive a copy of the supposed arrest warrant from the ICC.
The DILG also said no Red Notice from the Interpol has yet been issued against Dela Rosa.
Remulla, at a press briefing last Tuesday, stood by his statement that an ICC arrest warrant had already been issued, but clarified that only an “unofficial copy” was obtained from a third-party source.
Dela Rosa, in his manifestation, also asked the SC to direct the DOJ and DFA to submit within 72 hours “written certifications, under oath, confirming or denying whether any ICC-related warrant, note verbale, or communication has been received, transmitted, or processed through official channel.”
In a separate “very urgent motion” also filed yesterday, Dela Rosa also requested the SC to order Remulla to submit a copy of the alleged ICC arrest warrant which the latter claimed to possess on his mobile phone.
Dela Rosa also asked the high tribunal to order Remulla to “file a sworn explanation stating how he obtained the alleged document (arrest warrant), from whom, when, and under what authority.”
“Remulla’s possession of an ‘unofficial but existing’ warrant creates public confusion, legal uncertainty, and a chilling effect on the constitutional rights of petitioners,” Dela Rosa’s motion read.
“As a respondent, Remulla owes candor, full disclosure, and fidelity to this Honorable Court,” Dela Rosa added.