Dela Rosa asks SC for TRO vs ICC arrest warrant

Senator Ronald “Bato” Dela Rosa has asked the Supreme Court (SC) to issue a temporary restraining order (TRO) to prevent the government from implementing the arrest warrant allegedly issued against him by the International Criminal Court (ICC).

In his urgent manifestation with a reiterative prayer, he asked the High Court to issue a TRO or a writ of preliminary injunction that would bar the government from doing the following:

• enforcing, facilitating, or coordinating the implementation of any ICC warrant, red notice, or surrender request,
• extending any form of logistical, financial, or protective assistance to ICC witnesses through the Witness Protection Program or any similar office, and
• transmitting any ICC-related communication and correspondence through diplomatic or law enforcement channels pending [the] final resolution of this case.

Dela Rosa also asked the SC to direct the Department of Justice (DOJ) and the Department of Foreign Affairs (DFA) to confirm or deny whether any ICC-related warrant or communication was received, transmitted, and processed through official channels within 72 hours.

This is a manifestation to the petition that Dela Rosa and former President Rodrigo Duterte filed in March following the latter’s arrest and subsequent transfer to The Hague. The petition sought to prevent the government from cooperating with the ICC in enforcing arrest warrants, summons, or requests.

The newest filing came after Ombudsman Jesus Crispin Remulla announced over the weekend that the ICC has reportedly issued a warrant against the senator.

Though the ICC and the Department of Justice (DOJ) have yet to confirm this, Remulla stood by his remark and said that he has an unofficial copy of the warrant.

In a separate urgent motion, Dela Rosa asked the SC to direct Remulla to immediately submit a copy of the alleged ICC warrant.

He also asked the court to direct him to file a sworn explanation stating how he obtained the alleged document, 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,” it said.

Dela Rosa said that Remulla owes the Supreme Court candor, full disclosure, and fidelity.

For its part, the DOJ said the Philippine government will carry out the arrest warrant if the ICC issues it, and that the government can choose to extradite or surrender Dela Rosa to the tribunal.

Meanwhile, Dela Rosa’s counsel, Atty. Israelito Torreon, said the government has no legal basis to surrender any of its citizens to an international tribunal due to the absence of rules governing the process.

Though there is no known case lodged against dela Rosa in the ICC, former Senator Antonio Trillanes IV previously noted that Dela Rosa and four other high-ranking ex-police officials have been tagged as suspects in the ICC probe into the war on illegal drugs.

Dela Rosa served as the chief of the Philippine National Police during the implementation of the drug war under the Duterte administration. — JMA, GMA Integrated News