Bato Dela Rosa's lawyers to SC: He is not a fugitive from justice

The camp of Senator Ronald “Bato” Dela Rosa on Monday maintained that he is not a fugitive from justice, contrary to the Office of the Solicitor General (OSG)’s assertion that the fugitive disentitlement doctrine should apply to him, barring him from seeking judicial relief.

In a 117-page reply to the OSG’s comment, Dela Rosa’s legal counsel, the Law Firm of Torreon and Partners said the senator remains within Philippine territory, continues to publicly invoke the jurisdiction of the Supreme Court (SC), and “has not rendered himself permanently unavailable to Philippine authorities.

“More importantly, the fugitive disentitlement doctrine presupposes the existence of a valid and enforceable judicial process from a tribunal possessing lawful criminal jurisdiction over the person of the accused,” they said.

Dela Rosa’s camp noted that he is disputing the jurisdiction of the International Criminal Court (ICC) and the legality of the “domestic enforcement of its processes,” particularly the arrest warrant against him.

“To prematurely brand petitioner as a ‘fugitive’ before the threshold jurisdictional question is resolved would effectively prejudge the very controversy submitted for adjudication. The doctrine cannot be invoked to defeat a litigant’s right to question the legality of the process he assails, otherwise judicial review itself becomes meaningless,” the reply said.

Since Dela Rosa’s position is that the ICC has no criminal jurisdiction over any Filipino, including him, it has no power to issue arrest warrants and there is no valid warrant to implement.

This means that Dela Rosa has “no warrant that can be disobeyed,” they said.

“The absence of a final and enforceable Philippine directive requiring surrender is critical. Fugitive status ordinarily presupposes defiance of an existing legal obligation to appear, surrender, or submit. Here, there is no such definitive obligation yet exists because the legality of the contemplated ICC enforcement remains actively contested before this very proceeding,” Dela Rosa’s legal team added.

In its comment filed last Friday, the OSG asked the High Court to deny Dela Rosa’s motion against the ICC arrest warrant for alleged lack of merit.

Among several arguments, the OSG 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,” it added. The fugitive disentitlement doctrine means that a fugitive cannot seek judicial relief.

Dela Rosa’s lawyers pointed out the lawmaker “did not secretly leave the country, assume a false identity, permanently conceal himself, or sever communication with legal institutions.”

“On the contrary, the records cited by the Respondents themselves show that petitioner continued to participate in public affairs, invoked judicial remedies, and acted in a manner allegedly intended to prevent further institutional tension within the Senate,” they said.

“Ultimately, the fugitive disentitlement doctrine cannot be weaponized as a procedural shortcut to silence constitutional challenges or bar access to judicial review. The doctrine exists to protect the integrity and enforceability of judicial proceedings, not to punish litigants who question the legality of governmental action,” Dela Rosa’s camp added.

It may be recalled that following the shooting incident at the Senate on May 13, Dela Rosa – who is under the Senate’s protective custody amid the ICC arrest warrant – left the upper chamber’s premises in the early hours of May 14.

Senate President Alan Peter Cayetano later said Dela Rosa did not “escape” from the Senate since there is no locally-issued arrest warrant against the lawmaker.

The senator’s lawyers reiterated their plea for an immediate temporary restraining order (TRO), status quo ante order, writ of preliminary injunction and later a permanent injunction against the respondent government agencies.

He sought to prohibit the respondent government agencies and ex-Senator Antonio Trillanes IV from enforcing the ICC warrant and removing Dela Rosa from Philippine territory.

He also asked the High Court to prevent the respondents from entering or returning to the Senate for any purpose related to his arrest, detention, restraint, surveillance, or removal of any senator without a valid, Philippine court-issued warrant. — JMA, GMA News