The Supreme Court has denied Senator Ronald “Bato” dela Rosa’s request for a temporary restraining order and status quo ante order seeking to block Philippine government cooperation with the International Criminal Court.
In a press briefer released Wednesday, May 20, the high court said the petition for interim relief was denied through a 9-5-1 vote.
Despite rejecting Dela Rosa’s request, the Supreme Court clarified that it has yet to rule on the main issues raised in the petition and related pleadings.
“The Court has yet to resolve the main issues raised by the parties in their pleadings and motions in the main case,” the Supreme Court said.
The tribunal added that the full decision would be uploaded on May 25.
Dela Rosa’s plea stemmed from supplemental motions filed before the Supreme Court following reports that the ICC had issued an arrest warrant against him over alleged crimes against humanity linked to the Duterte administration’s anti-drug campaign.
His lawyers asked the high court to issue a temporary restraining order, writ of preliminary injunction, or status quo ante order to block his arrest, detention, or surrender to an international tribunal without prior judicial authorization.
The senator’s camp also sought to prohibit Philippine authorities from cooperating with efforts to transfer him to the ICC without court approval.
The original petition before the Supreme Court was filed on March 11, 2025, during the arrest of former President Rodrigo Duterte.
On May 13, the high court directed government respondents to submit their comment instead of immediately acting on Dela Rosa’s plea.
The Office of the Solicitor General later urged the Supreme Court to deny the motions, arguing that Philippine authorities are legally obligated to surrender or extradite suspects when an international tribunal is already prosecuting crimes covered by domestic law.
Government lawyers cited Republic Act 9851, or the Philippine Act on Crimes Against International Humanitarian Law, which allows the surrender or extradition of individuals accused before international tribunals.
The ICC warrant accuses Dela Rosa of crimes against humanity over killings allegedly committed between July 2016 and April 2018 during the Duterte administration’s anti-drug operations.
