SC junks Bato’s bid to see ICC warrant

MANILA, Philippines — The Supreme Court has rejected the bid of Sen. Ronald “Bato” dela Rosa to compel Ombudsman Jesus Crispin Remulla to produce a copy of the supposed arrest warrant issued against him by the International Criminal Court (ICC), in connection with the crimes against humanity case over the previous administration’s bloody war on drugs.

According to the SC Office of the Spokesperson, Dela Rosa filed on Nov. 12 a very urgent motion asking the SC to order Remulla to submit a copy of the warrant, which the ombudsman claimed to possess.

Dela Rosa also filed a 25-page “very urgent manifestation” asking the SC to issue a temporary restraining order or a writ of preliminary injunction to keep him from being “subjected to illegal arrest or surrender to a foreign court without due process.”

“Acting on these submissions, the SC denied the Very Urgent Motion seeking to compel the production of the alleged ICC warrant. It directed the respondents to comment on the Very Urgent Manifestation, through personal service and filing, within a non-extendible period of 10 days from notice,” the SC said.

The SC said Dela Rosa asked the high tribunal to take judicial notice of Remulla’s statements and direct the Department of Justice and the Department of Foreign Affairs to certify the existence or absence of any official ICC-related warrants or communications.

On One News’ “Storycon” yesterday, Remulla insisted that he has the ICC arrest warrant, and the official copy would be released in time.

He declined to disclose where he got the warrant.

The ICC does not make public its arrest warrants, so as not to alert those covered by the order.

A new rule of the Interpol, through which the ICC courses its arrest orders, also makes such warrants secret until they have been carried out.

In his motion, Dela Rosa also asked the SC to direct Remulla to file a sworn explanation stating how he obtained the alleged document, from whom, when and under what authority.

In his very urgent manifestation, the senator also wanted the SC to compel the government to refrain from transmitting any ICC-related communication correspondence pending final resolution of the case; avoid enforcing the ICC warrant, red notice or surrender request against him and avoid extending any form of assistance to ICC witnesses.

Aside from Dela Rosa, named as petitioner in the manifestation was former president Rodrigo 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 killings during his administration’s drug war.

Dela Rosa’s counsel, Israel Torreon, said they will file a “most respectful motion for reconsideration” to ask the SC to reconsider its decision.

“As a lawyer and an officer of the court, he should be made to explain as to why he has a copy of the alleged warrant, from whom he secured the same and under what authority was his source able to secure a copy of the warrant,” Torreon said in a statement.

Kitty prods SC on father’s return

Meanwhile, in a 26-page motion, the legal camp of Duterte’s youngest daughter, Veronica “Kitty” Duterte, has asked the SC to urgently resolve the consolidated petitions for habeas corpus and direct the government to take all available steps to facilitate the return of her father to the Philippines as soon as possible.

“Petitioner implores this Honorable Court to exercise similar resolve here to ensure that constitutional violations do not go unremedied or unpunished, even if the ruling could influence the country’s political landscape,” the motion read.

Kitty and her brothers – Davao City Mayor Sebastian Duterte and Davao City 1st District Rep. Paolo Duterte – filed separate petitions in March soon after the elder Duterte’s arrest.

In her motion, Kitty argued that prolonged inaction on these petitions “contradicts the speedy nature of habeas corpus relief,” saying this denies the very liberty it seeks to protect and erodes public trust in the judiciary to protect against executive abuses of basic rights.

Her camp urged the justices to “act promptly to provide relief and guidance to reaffirm the rule of law and ensure that blatant violations of fundamental rights are not unremedied and unpunished under its watch.”