Senator Ronald “Bato” dela Rosa has filed urgent motions with the Supreme Court (SC) seeking to halt any potential arrest by the International Criminal Court (ICC), arguing that the executive branch cannot bypass Philippine courts in surrendering citizens.
In his urgent manifestation filed Thursday, dela Rosa said surrendering a Filipino to the ICC without a lawful court order would violate both Philippine law and international agreements, noting that the Rome Statute requires domestic judicial processes to validate any surrender.
Although reports of an ICC arrest order remain unconfirmed, dela Rosa urged the SC to compel Ombudsman Jesus Crispin Remulla to produce a copy of the alleged warrant reportedly stored on his mobile phone and explain how it was obtained.
He also requested that the SC direct the Department of Justice (DOJ) and Department of Foreign Affairs (DFA) to submit sworn certifications within 72 hours confirming or denying receipt of any ICC-related warrant or communication.
If an arrest order exists, dela Rosa asked the court to issue a restraining order against its implementation and to prevent the government from transmitting ICC-related communications or providing logistical, financial, or protective support to ICC witnesses while his case is pending.
Dela Rosa argued that the executive branch cannot rely solely on Section 17 of Republic Act No. 9851 (Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity) to surrender Filipinos to foreign authorities.
He said doing so would give the Executive a “blank check” to bypass constitutional protections, which he said “offends the doctrine of constitutional supremacy.”
