'No basis' for DOJ to surrender Filipinos to ICC—lawyer

The Philippine government has no legal basis to surrender any of its citizens to an international tribunal such as the International Criminal Court (ICC) due to the absence of rules governing the process, the legal counsel of Senator Ronald “Bato” Dela Rosa said on Wednesday.

Lawyer Israelito Torreon argued that Republic Act 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, has yet to have its implementing rules and regulations (IRR), which would define or govern the process of surrender.

“By its own terms, the statute contemplates further regulation as it explicitly requires that surrender or extradition be carried out ‘pursuant to applicable laws and treaties,’” he said in a Facebook post.

Dela Rosa's legal counsel issued the statement amid reports of the senator's supposed impending arrest as the ICC has allegedly issued a warrant against him.

The Department of Justice (DOJ) earlier said the government is duty-bound to enforce an arrest warrant against Dela Rosa should the ICC issue one, noting that he may either be extradited or surrendered under Section 17 of RA 9851.

Torreon, however, countered that in the absence of the IRR, Section 17 of the law cannot be invoked as a self-executing provision.

“This qualifying phrase demonstrates legislative intent that the provision is conditional, not automatic; it operates only within a complete and lawful framework of treaty obligations and procedural safeguards.”

He added that Section 17 remains “an incomplete and inoperative provision.”

“It recognizes the possibility of cooperation with an international tribunal but does not itself create the procedural machinery to give that cooperation legal effect,” Torreon said.

Any attempt to implement Section 17, he argued, would be “ultra vires (beyond one’s legal power or authority), unconstitutional, and void for lack of due process.”

“The power to deprive a Filipino of liberty or to transfer jurisdiction over his person to a foreign or international court is not a matter of executive discretion. It is a matter of law, of sovereignty, and of constitutional justice--and such power cannot exist in a vacuum,” he said.

Torreon further asserted that until the government enacts clear implementing rules, identifies the appropriate judicial forum, and reestablishes a valid treaty basis, Section 17 of RA 9851 “remains merely declaratory--a statement of policy, not a self-executing source of power.”

Over the weekend, Justice Secretary Jesus Crispin Remulla said the ICC had issued a warrant against the senator.

For their part, Dela Rosa’s camp said they have yet to receive official confirmation that such a warrant exists.

Meanwhile, the DOJ said it will wait for the Supreme Court (SC) ruling on the pending petitions questioning the possible arrest and transfer of former President Rodrigo Duterte to the ICC before taking any action.

Dela Rosa and Duterte have earlier asked the SC to issue a temporary restraining order (TRO) barring the Philippine government from cooperating with the ICC and the International Criminal Police Organization (Interpol).

Petitions filed by Duterte’s children seeking to nullify any potential arrest of the former president also remain pending before the high court.—MCG, GMA Integrated News