OSG asks SC to deny Bato dela Rosa's plea vs. ICC arrest warrant

The Office of the Solicitor General (OSG) on Friday asked the Supreme Court (SC) to deny the plea of Senator Ronald "Bato" dela Rosa in connection with the International Criminal Court arrest warrant issued against him.

In its 83-page G.R. No. 278747, the OSG asked the SC to deny dela Rosa’s Urgent Manifestation with Omnibus Motion and Extremely Urgent Supplemental Manifestation with Motion due to alleged lack of merit.

"Senator dela Rosa is not entitled to an injunctive writ to enjoin his arrest and surrender to the ICC," the OSG stated, citing the following arguments:

a) There is no clear and unmistakable right that requires immediate protection.

b) Assuming arguendo that Senator Dela Rosa has a clear and unmistakable right, there was no material and substantial invasion of such right.

c) Senator Dela Rosa also failed to establish the urgent necessity of an injunctive writ to prevent any serious damage.

d) The CIDG Subpoena, which had been subsequently recalled, was valid under with R.A. No. 10973.

e) The mantle of parliamentary immunity was never meant to be a shield against public accountability.

f) The Honorable Court must exercise the utmost caution in issuing injunctive relief, and Senator Dela Rosa cannot invoke equity without clean hands.

The OSG also said, "The essence of being a fugitive from justice lies in the deliberate act of placing oneself beyond the reach of law enforcement. This essence is precisely reflected in Senator dela Rosa's deliberate evasion of arrest. The fugitive disentitlement should also apply to him."

Dela Rosa filed the petitions on Monday before the high court seeking judicial recourse before the executive department can act on the arrest warrant issued against him by the ICC. He filed a motion appealing to the high court for a temporary restraining order (TRO) against the implementation of the ICC arrest warrant.

In Darlene Cay's report on 24 Oras Weekend, the Dela Rosa camp has not yet commented on the OSG appeal to the SC.

Earlier, Jimmy Bondoc, one of the senator's lawyers, said "they will comply with lawful orders issued in accordance with standard procedure."

He said "they have repeatedly requested for copies of the alleged warrants but have never been furnished such."

There is still no information as to Dela Rosa's whereabouts.

The SC however did not issue the TRO dela Rosa prayed for, as it directed government officials to comment on his plea against the implementation of the arrest warrant ICC issued. The high court gave the respondent officials 72 hours to comment on the manifestation.

The OSG then submitted its comment before the SC on Friday as directed.

The senator, a former police general, was the head of the Davao City Police and later the Philippine National Police during the period when Rodrigo Duterte was mayor and president of the Philippines. Dela Rosa was named by the ICC Prosecutor as one of the alleged co-perpetrators of Duterte in a “common plan” to neutralize criminals nationwide by killing them.

Shortly after the SC decision, dela Rosa, who was absent from the Senate for the past six months after learning there was an arrest warrant against him, again disappeared after reappearing to vote in a change of Senate leadership.

On Friday, an Immigration Lookout Bulletin Order (ILBO) was issued against dela Rosa, according to Acting Justice Secretary Fredderick Vida. —RF/KG, GMA News