Bato dela Rosa camp to appeal revocation of gun license

Senator Ronald “Bato” Dela Rosa’s camp on Thursday said they will file an appeal with the Philippine National Police (PNP) over its decision to revoke his firearms license, according to his lawyer Atty. Israelito Torreon.

Interviewed on Super Radyo dzBB, Torreon maintained that there must be a conviction and a court order directing the revocation.

“Si Senator Dela Rosa naman po ay hindi naman na konbikto dito sa Pilipina. Wala rin Philippine court na nag issue ng any order against him,” Torreon said.

(Senator Dela Rosa was not convicted in the Philippines. And no Philippine court issued any order against him.)

Dela Rosa is the subject of an arrest warrant from the International Criminal Court (ICC) for “alleged criminal responsibility as an indirect co-perpetrator” in the crimes against humanity of murder from July 3, 2016, until the end of April 2018, wherein at least 32 persons died.

Received

The Police Regional Office 11 (PRO 11) said that Dela Rosa's lawyer of has received the order revoking the senator’s License to Own and Possess Firearms (LTOPF) and firearm registrations.

In a statement, the PRO 11 said authorities served the revocation order on Wednesday.

“The Order of Revocation was thereafter served and officially received by Atty. Vicente Adrian Pajaro, legal representative of Senator Ronald ‘Bato’ M. Dela Rosa,” the PRO 11 said.

According to the police, Dela Rosa’s lawyer “manifested that he would discuss the matter with his client and further coordinate with [Regional Civil Security Unit 11] regarding the revocation order.”

On Wednesday, the Philippine National Police (PNP) said it revoked the firearms licenses of the senator, who is facing an arrest warrant issued by the International Criminal Court (ICC).

The PNP Firearms and Explosives Office (FEO) earlier cited a pending criminal case carrying a penalty of more than two years for the recommendation to revoke Dela Rosa’s gun licenses.

FEO chief Brigadier General Jojo Manalad said the action was grounded to Section 4 of Republic Act 10591 or the Comprehensive Firearms and Ammunition Regulation Act.

Under the FEO order, the 117 firearms registered under Dela Rosa’s name must be immediately confiscated or deposited for proper disposition in accordance with the law.

Torreon has questioned the legality of the move, saying Section 4(g) cited by the FEO was not a ground for revocation of firearms licenses.

Torreon argued that Section 4 of the law actually pertains to the standards and requisites for obtaining a firearms license, while Section 39 specifically enumerates the grounds for revocation.

“Section 39 has ten grounds. Pending criminal case before any court? Not one of them. The only criminal-law grounds are: conviction under Section 39(b), and a court order under Section 39(j). Senator Dela Rosa has been convicted of nothing. No Philippine court has issued any order against him,” Torreon said in a statement.

ICC

Torreon also did not agree with arguments that the ICC is a court of law under the Doctrine of Incorporation. He said the doctrine only makes international law as part of the law of the land.

“It does not make foreign tribunals part of Philippine courts. Hindi naman na establish ang ICC based on Philippine law. ‘Yung mga orders naman ng ICC hindi naman pwede ma rebuke ng Supreme Court natin. ‘Yung judges nila hindi naman na-appoint ng ating Constitution,” he said.

(It does not make foreign tribunals part of Philippine courts. The ICC was not established based on Philippine law. The orders of the ICC also cannot be rebuked by our Supreme Court. Their judges were not appointed by our Constitution.)

Asked if they have no plans to surrender the firearms, Torreon said this is a decision that can only be made by Dela Rosa. —Joahna Lei Casilao with reports from Joviland Rita/ VAL, GMA News