Philippine Government Asks Supreme Court to Deny Fugitive Senator’s Bid to Block ICC Arrest
Philippine government lawyers have urged the Supreme Court to reject a petition by Senator Ronald “Bato” dela Rosa, the former national police chief who oversaw former President Rodrigo Duterte’s drug war, to block his arrest and surrender to the International Criminal Court. Dela Rosa is wanted for alleged crimes against humanity and is currently a fugitive whose whereabouts are unknown. The Office of the Solicitor General filed its comments on Saturday, May 16, and shared them with media on Sunday, May 17. PhilstarMarketScreener
The ICC unsealed a warrant on Monday for dela Rosa’s arrest, dated November. He had been taking refuge at the Senate but slipped out before dawn on Thursday in what his wife called an “escape.” WHBL
Dela Rosa evaded arrest on Monday after being granted protection by the Senate, whose new president he helped install by reappearing after months out of public view to cast a decisive vote for Alan Peter Cayetano, a staunch ally of the Duterte family. Philstar
Following the events in the Senate on Wednesday, May 13, dela Rosa — through his lawyers — filed a “Very Urgent Manifestation of Supervening Events” with a request for a temporary restraining order and injunctive relief to stop the government from cooperating with the ICC. The filing was a supplement to an original petition filed on March 11, 2025, in which detained former President Rodrigo Duterte was listed as a co-petitioner. Philstar.com
The Government’s Legal Case
Dela Rosa argued the ICC no longer has jurisdiction after the Philippines’ 2019 withdrawal from the Rome Statute. But the Office of the Solicitor General (OSG) countered that the Philippines may enforce the ICC warrant under a domestic law, Republic Act 9851, which allows authorities to surrender suspects accused of grave international crimes to international courts for prosecution. WHBL
The OSG maintained that implementing an ICC warrant “does not require a corresponding warrant of arrest issued by a Philippine court,” asserting that the executive branch has the authority to carry out the arrest and surrender process independently. Daily Tribune
The government also addressed dela Rosa’s constitutional arguments directly. The OSG argued that dela Rosa’s constitutional rights were observed under ICC procedures and stressed that the Philippines “remains legally bound to cooperate with the ICC under domestic law.” Daily Tribune
The OSG did not spare language in characterising dela Rosa’s conduct. “His flight, coupled with the fact that he had previously gone into hiding, is not merely incidental but is a deliberate act to avoid accountability. His conduct places him squarely within the definition of a fugitive from justice,” the OSG said in its comments. Philstar
The filing also went further on the question of fairness. “To once more extend exceptional privileges to a petitioner who now seeks relief while evading lawful process sends a chilling message — not only to the victims of the drug war, but to all who look to the law for justice: that its protections are strongest for the powerful, and weakest for those who are now dead,” the OSG said. KFGO
The OSG added that the country “will never become a sanctuary for impunity.” Philstar
Justice Ministry’s Position
Philippine Justice Secretary Fredderick Vida said on Friday that the country will “definitely” submit to the ICC’s request to arrest dela Rosa, confirming the warrant is valid and that the Philippines has received a formal request to serve it. StreetInsider
His statement reinforced the Marcos administration’s position that cooperation with the ICC is both legally required and politically committed.
Regional and Global Impact
Dela Rosa is facing the same charges as Duterte, who is set to become the first former Asian head of state to go on trial in The Hague. Both have denied wrongdoing. Philstar
The OSG said the case involves “interests far greater than the fate of a single individual,” framing the Supreme Court’s ruling as a test of whether the rule of law in the Philippines applies equally to the powerful and the powerless. Daily Tribune
The case is being closely watched across Southeast Asia, where no sitting or former government official has yet been surrendered to and tried by the ICC. A Supreme Court ruling in favour of the government position would set a binding domestic precedent for ICC cooperation that could influence how other member and former-member states handle similar warrants.
Political risks in the Philippines are expected to remain elevated amid rising costs of basic goods and concerns on accountability linked to the impeachment case against Vice President Sara Duterte, according to research and analysis firm BMI. Philstar.com
Background
Dela Rosa is linked to “Project Double Barrel,” the anti-illegal drugs campaign launched under Duterte, which is under ICC investigation for alleged crimes against humanity. The original petition before the Supreme Court was filed on March 11, 2025, with Duterte as a co-petitioner. Duterte is currently in ICC detention following his arrest and transfer and is set to become the first former Asian head of state to stand trial in The Hague. The Philippines withdrew from the Rome Statute in 2019 under Duterte, but the ICC has maintained that it retains jurisdiction over crimes committed while the country was still a member. Republic Act 9851, the “Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity,” is the domestic legal basis the government is now invoking to enforce ICC warrants. Daily Tribune + 3
What Happens Next
The Supreme Court has directed executive branch officials to submit their comments within 72 hours on dela Rosa’s urgent motions. The court did not immediately issue a temporary restraining order but clarified that its action was “without prejudice” to granting urgent interim measures should circumstances require. Dela Rosa will be given the opportunity to respond after the comments are submitted. The Senate impeachment court is set to convene on Monday to hear the Articles of Impeachment against Vice President Sara Duterte, Senate President Alan Peter Cayetano announced — a parallel proceeding that Philippine lawmakers say is connected to the broader political crisis engulfing the Duterte camp. Philstar.com + 2
