Bato dela Rosa's lawyers: Constitutional question remains vs. ICC arrest warrant

The lawyers of Sen. Ronald "Bato" Dela Rosa said the constitutional question on whether a Filipino may be held under a "foreign process" without the intervention of a Philippine court remained even after the Supreme Court denied the senator's prayer for a temporary restraining order on the service of an arrest warrant from the International Criminal Court.

A warrant of arrest has been issued for Dela Rosa after he was alleged to be a co-conspirator in the crimes against humanity charges in connection with the killings in the war on drugs of Rodrigo Duterte when he was mayor of Davao City and when he was president of the Philippines.

While Dela Rosa’s legal team respected the SC’s decision, it argued that the country’s own constitution must prevail. The lawyers also said they will file a motion for reconsideration.

“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," it added.

"[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 firm added.

Dela Rosa’s lawyers also said that his case is not just “merely personal” to him, but also “concerns the right of every Filipino to be protected by Philippine law, by Philippine courts, and by the guarantees of due process, liberty, and sovereignty enshrined in the Constitution.”

“We will exhaust every remedy available under law. We will continue to appear before every proper forum, at every stage of this litigation, with full respect for the Court and with full fidelity to the Constitution,” the legal counsels said, adding that they will file a motion for reconsideration.

Voting 9-5-1, the SC En Banc 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 status quo ante order, and has yet to rule on the main legal issues.

The ICC earlier confirmed that the Pre-Trial Chamber I issued the warrant of arrest against Dela Rosa last November 6, 2025, in connection with the crimes against humanity case involving former President Rodrigo Duterte.

Dela Rosa was the Philippine National Police (PNP) during the height of the Duterte administration’s drug war. He has been missing again since May 14, after he briefly returned to the Senate on May 11. —LDF, GMA News