KMJS: Bato dela Rosa speaks up on ICC case, arrest warrant, war on drugs allegations

Tension gripped the Senate this week as reports spread that authorities were preparing to arrest Senator Ronald "Bato" dela Rosa over an International Criminal Court (ICC) warrant tied to the Duterte administration's anti-drug campaign.

The issue led to heated exchanges inside and outside the Senate, lockdown procedures, and confusion over reports of gunfire on Wednesday night.

In their interview with Jessica Soho on "Kapuso Mo, Jessica Soho," dela Rosa, Senate President Alan Peter Cayetano, and other officials aired their sides regarding the controversy and the legal questions surrounding it.

Dela Rosa, who resurfaced at the Senate on May 11 after being absent for about six months, said he returned partly because of a planned change in Senate leadership.

"Well, tinawagan ako ng aking mga ka-Senador na kailangang nandito ako sa Senado para sumumpa," dela Rosa said, adding that Cayetano personally asked him to return. "So kung hindi ako dumating, hindi namin makuha 'yung leadership dahil nga ako ang contempted vote."

["Well, my fellow Senators called me saying I needed to be here at the Senate to take the oath. If I hadn't shown up, we wouldn't have been able to secure the leadership because I was the deciding vote."]

The senator also denied claims that his return was directly tied to the impeachment proceedings against Vice President Sara Duterte, although he acknowledged discussions about regaining the Senate majority.

"This is my duty to vote. You cannot question me for being here, and to sit as a Senator Judge," he said.

["It is my sworn duty to cast my vote. My presence here, as well as my seat as a Senator-Judge, is beyond question."]

Dela Rosa also recounted what happened when he entered the Senate building on Monday. He claimed individuals identifying themselves as National Bureau of Investigation (NBI) agents tried to stop him.

"Hinawakan 'yung braso ko, pumiglas ako, pagpiglas kong gano'n, takbo na ako," he said.

["They grabbed my arm, I struggled to break free, and once I shook them off, I just ran."]

He clarified that the injuries on his hand came from falling while running and not from a physical struggle.

"Nadapa ako sa pagtakbo," he said.

["I tripped while running."]

The ICC earlier issued a warrant against dela Rosa for alleged crimes against humanity and murder connected to the government's war on drugs during the Duterte administration.

The ICC said judges found "reasonable grounds to believe" that dela Rosa may be criminally responsible as an "indirect co-perpetrator."

Dela Rosa again rejected the ICC's jurisdiction over the Philippines, which withdrew from the Rome Statute in 2019.

"You want to punish me, do it here in the Philippines not in other countries," he said during the interview.

He also addressed criticism from families of alleged extrajudicial killing victims.

"Ako'y nakikiramay sa lahat ng namatayan ng War on Drugs," dela Rosa said. "Hindi ko po kinukunsinti 'yung mga pagkakamali na ginawa ng ating kapulisan."

["I offer my condolences to everyone who lost loved ones in the War on Drugs. I do not condone the mistakes made by our police force."]

He denied ordering police officers to kill suspects.

"At wala po akong ni-isang taong, isang pulis na sinabihan ko na, 'Patayin mo 'yan,'" he said.

["And I did not tell even a single person, not a single police officer, 'Kill that person.'"]

When asked about former President Rodrigo Duterte's public statements encouraging tough action against criminals, dela Rosa said these were merely "hyperbole" meant to scare criminals.

"It does not necessarily mean na patay sa bunganga niya, patay din sa kamay namin," he said.

["It does not necessarily mean that just because he says 'kill' with his mouth, it results in a death at our hands."]

According to data previously submitted by the Department of Justice to the ICC, an estimated 12,000 to 30,000 people died during the anti-drug campaign, including cases classified by critics as extrajudicial killings.

Government figures have placed the number of deaths from official anti-drug operations at over 6,000.

Protective custody

Former senator Antonio Trillanes IV, meanwhile, criticized the Senate's decision to give dela Rosa protective custody.

"Lahat po ng mga Senador na nakasuhan na above six years, ay inaresto sa loob ng Senado," Trillanes said, citing previous arrests involving senators Juan Ponce Enrile, Leila de Lima, and himself.

["All Senators who were charged with offenses carrying a penalty of above six years were arrested inside the Senate."]

"Kaya kung buong-loob ang NBI, eh dapat ginagawan ng kaso itong mga ito," he added, referring to senators allied with dela Rosa.

["So if the NBI is truly committed, they should be building cases against these individuals."]

Senate President Cayetano defended the Senate's actions and questioned whether a foreign warrant can be enforced locally without action from Philippine courts.

He also denied that the Senate itself was creating disorder.

"Well, ginugulo kami, hindi kami ang magulo," he said.

["Well, they are the ones harassing us; we aren't the ones causing trouble."]

Cayetano added that NBI officials themselves had coordinated with Senate officials regarding the presence of personnel near the Senate complex.

Execution of warrant

The legal team of dela Rosa argued that the ICC warrant is not "self-executing" in the Philippines.

Attorney Israelito Torreon said any foreign judgment must first go through judicial confirmation locally before being enforced.

"Under Rule 39, section 48, it has to pass through a petition for judicial confirmation of foreign judgment before it can be recognized by the Philippines," Torreon said.

He also questioned differences between the warrant copy presented publicly by Trillanes and the version posted by the ICC.

Trillanes, however, pointed out that the ICC had already confirmed the authenticity of the warrant's existence.

When reports circulated that dela Rosa might be arrested after the Senate session on Wednesday evening, tensions escalated, with dela Rosa himself appealing to supporters through a Facebook Live broadcast.

"Ako ho'y nananawagan sa inyo na sana pumunta kayo dito, tulungan ninyo kami," he said.

["I am appealing to you—please come here and help us."]

Later that night, confusion spread inside the Senate after lockdown procedures were announced and gunshots were heard.

Acting Senate Sergeant-at-Arms Mao Aplasca earlier warned reporters: "We're having a lockdown in five minutes!"

Several members of the media and Senate personnel were seen running for safety after the shots rang out.

The NBI and Malacañang later denied that there was an operation to arrest dela Rosa.

NBI Director Melvin Matibag said, "Wala naman kaming dineploy du'n and wala namang utos na may aarestuhin po si Senator Bato."

["We didn't deploy anyone there, and there were no orders to arrest Senator Bato."]

President Ferdinand Marcos Jr. also said, "Wala pong instruction kahit na kanino na hulihin si Senator Bato."

["There are no instructions given to anyone to arrest Senator Bato."]

The NBI denied planning any assault on the Senate.

Aplasca later admitted that warning shots had been fired during the tense situation.

Dela Rosa's 'escape'

Sometime on Wednesday night, authorities reported that the drilling noises heard amid the chaos was due to work being done on a connecting door between the Senate and the GSIS building, reportedly to secure possible exit points.

By early Thursday morning, dela Rosa was reportedly seen leaving the Senate with Senator Robin Padilla.

Cayetano rejected descriptions that dela Rosa had "escaped."

"Mali 'yung word na escape because there's no warrant eh," he said. "So he's free to go."

["The word 'escape' is incorrect because there is no warrant, after all," he said. "So he's free to go."]

The Department of Justice has since confirmed that the ICC warrant against dela Rosa is considered valid.

Authorities were also instructed to arrest him should he attempt to leave the country. —JCB, GMA News