SC denies Bato dela Rosa's plea for TRO vs. ICC arrest warrant

The Supreme Court on Wednesday denied the request of Senator Ronald “Bato” dela Rosa for a temporary restraining order (TRO) and/or status quo ante order (SQAO) in connection with his possible arrest based on the warrant issued by the International Criminal Court (ICC).

In a press briefer released Wednesday, May 20, 2026, the SC said the En Banc, voting 9-5-1 during a special session, denied Dela Rosa’s prayer for interim relief.

The SC also said that it only resolved the requests for interim relief, particularly the TRO and SQAO, and has yet to rule on the main legal issues, such as whether Philippine officers may enforce an ICC warrant without a Philippine judicial warrant and whether it can be implemented despite the country's exit from the tribunal.

Earlier in the day, Dela Rosa's camp said that although they recognize the existence of the arrest warrant issued by the ICC, they do not consider it enforceable in the Philippines.

"Kinikilala namin that it exists. Kinikilala namin dahil sa mata nila, it exists, pero hindi namin kinikilala na enforceable siya," Dela Rosa's lawyer Jimmy Bondoc said during the Kapihan sa PDP.

(We recognize it exists because they said it exists, but it is not enforceable for us.)

"It has to go through the proper process," he added.

In a separate statement, the senator's legal team said it respects the SC’s decision, but argued that the country’s own Constitution must prevail.

“We respect the Honorable Court’s action on the application for interim relief. At the same time, it must be emphasized, with equal clarity, that the Supreme Court itself has stated that it acted only on the prayers for provisional relief,” said The Law Firm of Torreon and Partners, which represents the senator, in a statement.

“The main case remains alive. The constitutional questions remain squarely before the Supreme Court - and those questions are grave: whether the liberty of a Filipino may be placed at the mercy of a foreign process without the intervention of a Philippine court; whether Philippine authorities may enforce or facilitate international criminal processes after the Philippines’ withdrawal from the Rome Statute; and whether the Constitution remains the supreme and controlling law within the Philippine territory,” the law firm added.

In his manifestations before the High Court, Dela Rosa sought a TRO and/or SQAO to prevent several government agencies from arresting him on the basis of any warrant issued by the ICC, any Interpol red notice or diffusion, or any foreign judicial or quasi-judicial instrument without a corresponding Philippine judicial warrant.

A status quo ante order is a court directive that seeks to restore the situation to the state it was in before the disputed act or event took place. In Dela Rosa’s case, the requested SQAO aimed to prevent the enforcement of possible international arrest mechanisms against him while the petition remains pending before the Court.

Among the agencies named in the petition were the Department of the Interior and Local Government, Department of Justice, Department of Foreign Affairs, Philippine National Police, National Bureau of Investigation, Bureau of Immigration, Armed Forces of the Philippines, and the Criminal Investigation and Detection Group.

The High Court also announced that the full resolution, including the separate concurring and dissenting opinions of the justices, will be uploaded to the SC website on May 25, 2026.

On May 11, the ICC unsealed the arrest warrant against Dela Rosa for the crime against humanity of murder, at least between July 2016 and the end of April 2018, during which no less than 32 individuals were killed in the Philippines as part of then-President Rodrigo Duterte's campaign against illegal drugs.

Dela Rosa was absent from the Senate for the past six months after learning an arrest warrant had been issued against him. He once again disappeared after reappearing to vote on a change of Senate leadership on May 11.

Dela Rosa slipped out of the premises of the Senate on May 14 at 2:30 a.m. with Senator Robin Padilla, hours after gunshots rang out in the legislative chamber.

On May 15, Acting Justice Secretary Fredderick Vida said he ordered the authorities to arrest Dela Rosa if he tries to leave the Philippines.

The senator has appealed to President Ferdinand Marcos Jr. not to surrender him to The Hague-based tribunal.

Duterte has been in the custody of the ICC since March 12, 2025. —with a report from Mariel Celine Serquiña/KG/VBL, GMA News