Standoff With Sen. Bato Dela Rosa: How We Got Here

UPDATED: May 15, 4:30 p.m.—Senator Bato Dela Rosa is yet to be in custody after the International Criminal Court (ICC) issued a warrant of his arrest on November 6, 2025. The warrant was unsealed on May 12, 2026, and is publicly available on the ICC website where the Senator is also classified a Defendant "At Large." Dela Rosa is named as an alleged indirect co-perpetrator in the prosecutor's case against former Philippine president Rodrigo Duterte, who has been in ICC custody since March 12, 2025.

Duterte was surrendered to the ICC on March 12, 2025, following a warrant of arrest issued by the ICC Pre-Trial Chamber I as "Secret" on March 7, 2025, then as "Public" on March 11, 2025. A year and a month later, on April 23, 2026, the Chamber unanimously confirmed all the charges comprised of three counts of crimes against humanity brought by the Prosecutor against Duterte and committed him to trial before a Trial Chamber.

Dela Rosa was Chief of Davao City Police from 2012 to 2013, when Duterte was Davao City mayor; and Chief of the Philippine National Police (PNP) from 2016 to 2018, when Duterte was president.

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Duterte Arrested for Alleged Crimes Against Humanity: How Did We Get Here

Today I Learned: Why the Interpol Is Involved in Duterte's Arrest

The ICC's focus in the Situation in the Philippines: Prosecutor v. Rodrigo Roa Duterte is on "any alleged crime within the jurisdiction of the Court, including but not limited to the crime against humanity of murder, committed in the Philippines between 1 November 2011 and 16 March 2019 in the context of the so-called 'war on drugs' campaign."

Duterte is suspected of three counts of crimes against humanity:

• Count 1: Murders in or around Davao City during the Mayoral period by the Davao Death Squad

• Count 2: Murders of High-Value Targets during the Presidential period

• Count 3: Murders and attempted murders in barangay clearance operations during the Presidential period.

Q: Why only starting in 2011, when there are possibly many alleged crimes committed before that by Duterte, Dela Rosa, and even other public officials prior?

A: The Philippines officially became a State party to the Rome Statute upon its entry into force on November 1, 2011.

Q: Why only until 2019, when Duterte was the sitting president (enforcing the so-called 'war on drugs' campaign) until 2022?

A: This is because the Philippines’ withdrawal of the Rome Statute took effect on March 17, 2019, one year after the country gave notification of withdrawal.

The ICC is not a substitute for national courts, as it is the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes. However, when a State is either unable or unwilling to carry out its own investigation and prosecution, then the ICC can intervene.

In the case of the Philippines, the alleged crime involved a former head of State and former and current government officials. Aside from Dela Rosa, also named as indirect co-perpetrators in Duterte's Confirmation of Charges, are Vicente Danao (former Chief of Davao City Police and Manila Police District Director), Camilo Cascolan (former Finance Chief of Davao Region Police), Oscar Albayalde (former PNP Chief), Bong Go (Duterte's personal aide and current senator), Dante Gierran (former National Bureau of Investigation director), Isidro Lapeña (former Chief of the Philippine Drug Enforcement Agency), Vitaliano Aguirre II (lawyer for Duterte and the alleged Davao Death Squad and former Justice Secretary), and other members of the PNP and high-ranking government officials.

In Pangilinan v. Cayetano (G.R. No. 238875, March 16, 2021), the Supreme Court of the Philippines ruled that while the Philippines' withdrawal from the Rome Statute is valid, the ICC retains jurisdiction over alleged crimes against humanity committed while the country was still a member (before March 17, 2019). The unanimous 106-page decision, which was penned by Associate Justice Marvic M.V.F. Leonen with 14 justices concurring, was made public on July 21, 2021. "Even if [the Philippines] has deposited the instrument of withdrawal, it shall not be discharged from any criminal proceedings," it said.

The Pre-Trial Chamber I of the ICC issued a warrant of arrest for Dela Rosa. It reads:

"The Chamber hereby issues a warrant of arrest for Ronald Marapon Dela Rosa, a national of the Republic of the Philippines, born on 21 January 1962, in Barangay Bato, Santa Cruz, Davao del Sur (Republic of the Philippines)

for his alleged criminal responsibility as an indirect co-perpetrator (pursuant to article 25(3)(a) of the Rome Statute) for a crime within the jurisdiction of the International Criminal Court, as specified below and based on the conduct set out above, by virtue of his involvement in a common plan that lasted from approximately 1 November 2011 until 16 March 2019, together with his co-perpetrators, to kill alleged criminals in the Philippines (including those perceived or alleged to be associated with drug use, sale or production), which amounts to the: crime against humanity of murder (article 7(1)(a) of the Rome Statute), committed at least between 3 July 2016 and the end of April 2018, during which no less than 32 persons were killed, in the Republic of the Philippines."

The warrant was initially classified as "secret," because "the Chamber notes the Prosecution’s submissions on the risk for victims and witnesses, as well as attempts, including by the suspect, to interfere with the investigation."

The document also indicated that the Chamber decides that, "if required for the execution of the warrant of arrest, the warrant of arrest, currently classified as secret, may be communicated to, or its existence be revealed to States, international organisations or competent persons, and that the existence of the Prosecution’s application for the present warrant, currently classified as under seal, may similarly be mentioned to States, international organisations or competent persons..."

"The ICC has issued a warrant against Sen. Bato Dela Rosa," Ombudsman Jesus Crispin "Boying" Remulla said during DZRH's Saturday program Executive Session.

But Malacañang said that it has yet to receive any official document.

Following this, Executive Secretary Lucas Bersamin said: "Remember that ICC might have issued [a warrant], but might not have yet coursed the service through the Interpol."

Likewise, the Department of the Interior and Local Government (DILG) said in a statement that the Philippine Center on Transnational Crime confirmed that it has not received any red notice from Interpol.

Dela Rosa was physically absent from the Senate for approximately six months, from November 11, 2025, to May 11, 2026. During this period, he missed the majority of the sessions in the 20th Congress's first regular session.

He resurfaced in the Senate on Monday, May 11, 2026, the same day that Vicente "Tito" Sotto III was ousted as Senate President, with Alan Peter Cayetano taking over. Dela Rosa is among the 13 senators who voted for the change in leadership.

When asked where he was during his absence, Dela Rosa said: "Anywhere in the Philippines. Luzon, Visayas, Mindanao. Basta I didn't leave the Philippines. mahal ko ang Pilipinas. I will live and die in this country."

Upon arrival at the plenary, Dela Rosa was recorded on video saying: "Kung ako'y absent, hinahanap ninyo ako. Ngayon, papakita ko dito, hinarang ako ng NBI, ni-wrestling ako, nagkasugat-sugat ako. This is the Senate. Wala silang respeto sa institusyon ng Senado. Bakit ganun ang NBI?"

Dela Rosa claimed that NBI agents “wrestled” him and blocked him from entering the session hall.

The Senate was put on full lockdown upon the orders of the Office of the Senate Sergeant-at-Arms (OSAA) at around 3 p.m. on Monday, after the failed arrest of the Senator. Newly installed Senate President Alan Peter Cayetano said that they "want to restore order in the Senate."

In an interview with the press at the NBI headquarters on Tuesday, May 12, NBI Director Melvin Matibag said that they deployed two female agents to "tone down" the situation while serving the warrant.

Matibag added: "When he found out that [the warrant] was going to be served to him, as the NBI told him, he tackled them. He pushed the two agents. That's why he was able to run."

"When I checked the CCTV, the people who were following him were his staff, who were carrying a suitcase. I just don't know what was in the suitcase. But I assumed they were clothes because that’s where he was staying."

The CCTV footage (taken 5:34 p.m.) was also widely circulated, showing how Dela Rosa stumbled on the staircase, the likely cause of the senator's finger injuries, according to the NBI director.

"His hand prevented him from falling. He was running. He was literally evading arrest," said Matibag.

Senator Rodante Marcoleta made a motion during the plenary session to place Dela Rosa under protective custody.

"We have seen it all. I think this is the best evidence that can prove that the good senator, our colleague in this institution, is being chased by authorities,” Marcoleta said, presenting the CCTV footage of the running Dela Rosa.

Cayetano read a report submitted by former OASS Rene Samonte: "Earlier this morning, 0700 hours NBI NCR Chief Attorney Dong Galo paid a call to the undersigned to coordinate an arrest order. As per agreement, the supposedly arrest should be affected when the warrant of arrest is presented as per guidance of former Senate President Vicente C. Sotto."

"On or about 2 p.m., the warrant of arrest was shown to the former Senate President in the presence of the undersigned, but copies were not allowed to be distributed."

Nine NBI personnel were then cited in contempt, following a private discussion by the Senate and NBI as confirmed by both Cayetano and Matibag.

Former Senator Antonio Trillanes IV on Monday afternoon showed reporters a copy of the warrant of arrest issued by the ICC. According to him, it was transmitted to the Philippine Center on Transnational Crime (PCTC) after the senator resurfaced.

Dela Rosa also said on the plenary floor that Trillanes was with NBI agents: "As of now, Mr. President, Antonio Trillanes and some NBI operatives are still at the library. May I move that the Sergeant-at-Arms remove these people from the vicinity of the Senate. He is part of the harassment, Mr. President! Kasama niya! Siya ang nagkuwan sa NBI na harangin ako dito!"

Amid inferences that a senator cannot be arrested while within the Senate's premises, Trillanes cited Republic Act 9851 (2009), the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity.

Section 17, Jurisdiction states:

"In the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under this Act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime. Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court, if any, or to another State pursuant to the applicable extradition laws and treaties."

Trillanes was arrested inside the Senate on September 25, 2018, while it was in session. He was served a warrant for rebellion issued by the Makati Regional Trial Court Branch 150, under then-Judge Elmo Alameda.

"Noong ako inisyuhan ako ng warrant, binasahan ako ng Miranda Rights doon sa lounge, alam niyo yan publicly reported yan, kaya yung mga precedents na sinasabi nila, yung nangyari sa’kin yun. Kapag may valid na warrant, yun," he said.

Cayetano said on May 11 that "no senator was allowed to be arrested ever in the Senate premises."

Aside from Trillanes, De Lima was also arrested inside the Senate after the Muntinlupa RTC issued a warrant against her on February 23, 2017, on drug trafficking charges. The charges were later dismissed, but not after the former senator (and staunch critic of Duterte) spent nearly seven years in detention.

When Cayetano claimed that no senator was arrested in the Senate, he cited Juan Ponce Enrile, Jinggoy Estrada, Bong Revilla, Trillanes, and De Lima as examples. He was right about the first three, as they were never served warrants on the Senate floor: Revilla went to the Sandiganbayan while Estrada and Enrile surrendered to Camp Crame--all in 2014 for graft and plunder charges.

In a press release available on the ICC website (in English, Filipino, and Cebuano languages), the International Criminal Court announced that the Pre-Trial Chamber I on May 11 unsealed an arrest warrant for Dela Rosa, which had originally been issued as secret on November 6, 2025.

The statement added:

"Mr Dela Rosa is alleged to have been involved in a common plan that lasted from approximately 1 November 2011 until 16 March 2019 to kill alleged criminals in the Philippines (including those perceived or alleged to be associated with drug use, sale or production). During that period, Mr Dela Rosa was a police officer for more than 30 years and held: (i) various positions in the Philippine National Police (PNP) in the Davao region until 30 June 2016, including as City Director of the Davao City Police Office from 1 February 2012 to 17 October 2013, and in the PNP Intelligence Group and Directorate for Human Resource and Doctrine Development; (i) the position of Chief of the PNP, from 1 July 2016 to 19 April 2018; and (ii) the position of Director General of the Bureau of Corrections from 30 April to 12 October 2018."

The Office of the Prosecutor of the International Criminal Court welcomed this decision, explaining that "the warrant of arrest, which has been conveyed to the relevant authorities in the Republic of the Philippines, was originally issued as secret on 6 November 2025, following an application by the Office on 3 November 2025, but has only now become public, following changes in the circumstances."

"Mr Dela Rosa’s warrant of arrest is an important step in the Office’s ongoing pursuit of accountability for alleged crimes committed in the context of the so-called “war on drugs” campaign in the Philippines," the Prosecutor added.

On Monday night, Dela Rosa's legal team filed a supplemental motion before the Supreme Court asking for a Temporary Restraining Order (TRO) against the implementation of an arrest warrant issued by the ICC. This was confirmed by one of his lawyers, Israelito Torreon.

Jimmy Bondoc, also one of Dela Rosa's lawyers, said that they filed a writ of amparo before the Supreme Court.

By definition (from the Supreme Court), "the petition for a writ of amparo is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity."

According to Bondoc,"Yung writ of amparo is pwede kayong mag-file yan sa Supreme Court when any individual is threatened with imminent harm by any public officer or even private individuals. So it is essentially a bigger form of protection order. Parang ganun siya."

After Monday's turn of events, Dela Rosa stayed at the office of Senator Jinggoy Estrada. Senator Robin Padilla also spent the night to keep Dela Rosa company, he said in an interview.

Five senators, namely Senators Francis Pangilinan, Vicente Sotto III, Panfilo Lacson, Risa Hontiveros, and Paolo Benigno Aquino IV, filed Senate Resolution No. 395 calling on Dela Rosa to "voluntarily surrender to the proper authorities and seek judicial remedies in accordance with the Constitution and applicable laws and rules."

This comes after earlier moves invoking Senate Resolution No. 44 as the basis for placing the Senator in "protective custody."

Resolution No. 44, which was adopted by the Senate on March 17, 2026, is a resolution expressing the sense of the Senate of the Philippines to protect all Filipinos against extrajudicial rendition and guarantee them a reasonable time prior to their surrender by or extradition from the Philippines to seek redress from the courts and avail of legal remedies.

Sotto on Tuesday said that he was informed by the NBI about the warrant of arrest on Monday, when he was still Senate president. But he was not aware that Dela Rosa would finally show up.

"Little did I know that Senator Dela Rosa, after seven months of not being here, [would] suddenly come. Kaya ganoong kasimple lang ang sinabi ko, coordinate with the [OSAA]. They know the rules," he said.

In an interview, Bato thanked Remulla, who was the first to claim that there was an ICC warrant of arrest in November 2025: "Pasalamat ako sa'yo, sir. Salamat at nabigyan mo ako ng advance info na mayroon akong warrant. Thank you."

More than year ago, on March 12, 2025, Dela Rosa was quoted as saying: "If there is a warrant, I'm ready. I'll take care of the President. That is my purpose, I'll submit myself if there is a warrant."

On Wednesday afternoon, the ICC website has updated its list of Defendants, including an entry for Dela Rosa, where he is classified as "At large." It means that the Senator, who has an outstanding warrant of arrest, is still not in custody.

For comparison, Duterte is also listed under Defendants, but with a label "In ICC Custody." Since charges comprised of three counts of crimes against humanity have all been confirmed, the former president is also listed under Case, identifying that the "Duterte Case" is proceeding to trial.

Appealing to former colleagues for a "peaceful support," Dela Rosa sang portions of the Philippine Military Academy hymn.

"Reminder ko sa kanila na sana I am not appealing for a violent support. I am appealing for a peaceful support [...] Kung kasuhan niyo ako, kasuhan niyo ako dito sa local court. I'm willing to be hanged dito sa ating bansa. Kasama sa ating bansa lang," he told reporters.

A little past 5 p.m., he went live on Facebook, then appealing for a peaceful prayer vigil outside the Senate amid reports that NBI and Criminal Investigation and Detection Group operatives are about to arrest him.

"Hindi tayo papayag na another Filipino will be brought to The Hague just because of politics. Ako po ay isang tapat na pulis, tapat sa serbisyo, bakit nila ako gina-ganito?"

The Supreme Court did not issue a Temporary Restraining Order, as requested by Dela Rosa's legal team. They, however, ordered the Executive Secretary, the Department of Justice (DOJ), the NBI, and the PNP to comment within 72 hours regarding the senator's motion questioning the validity of the ICC arrest warrant.

Various media have reported sounds of repeated gunshots inside the Senate on Wednesday evening. Cayetano, in a Facebook livestream during the two-hour situation said: "We don’t know what’s happening, everyone is locked in their rooms now, we cannot go out. We cannot secure our other staff. [...] This is the Senate of the Philippines... Why are we under attack here?"

Several journalists have been caught in the crossfire, but still managed to do their stand-uppers. Senate Secretary Mark Llandro Mendoza told the press that there were no reports of casualties.

NBI Director Melvin Matibag, meanwhile, told ABS-CBN in a televised call that the NBI "was not there." He added: "We would not be going there because that is the order."

Interior Secretary Jonvic Remulla, in an interview with reporters, said that it was personel from OSAA that fired a warning shot at armed men who allegedly tried to enter the Senate building through its floor.

"At approximately, 7:46 (p.m.), armed men tried to enter through the second floor but were stopped by the OSAA. They had firearms with them, but the OSAA fired a warning shot," he said.

"They retreated at the back and then started firing indiscriminately into the air. Now, we do not have a definite count of how many people tried to enter the building," Remulla added, saying that they're still investigating the identities of those who fired the shots.

Prior to the gunshots, there were reports (with photos and videos) showing OSAA personnel (led by Retired Police Major General Mao Aplasca). They were seen seen wearing bulletproof vests while strapped with long firearms. Aplasca and Dela Rosa were both members of Philippine Military Academy Class of '86, though the former graduated in 1987. The senator nominated Aplasca as Sergeant at Arms in 2025.

Armed Forces of the Philippines, in a statement, said that military personnel (in camouflage) seen inside the Senate building are from the Marine Security & Escort Group (MSEG).

"The AFP maintains an institutional security detail at vital government installations, facilities, and landmarks. The military personnel seen inside the Senate building are MSEG personnel detailed at the said institution for perimeter security. The soldiers seen inside the building were called by the OSAA to assist them in securing the facility."

The PNP raised its status to full alert, with PNP SWAT teams also arriving at around 8 p.m. A SOCO team has also since arrived.

President Ferdinand Marcos Jr. said Wednesday night in a video statement that the government had no involvement in the incident at the Senate.

He said: "Ang NBI ay sinabihan ko nung lumabas yung resolution nu’ng Supreme Court mga 4 yun kaninang hapon; sinabi ko ‘umalis na kayo diyan’ at nag-comply naman sila. Kaya nung kausap ko si Director [Melvin] Matibag sabi niya walang NBI dito [Senate]. Nandito lahat kami sa opisina." No outside military or NBI units has since entered the premises, he added.

In a video posted by Senate employee Alvin Go at 11:13 p.m. (then published by media outlets), Dela Rosa is seen shaking hands with a police officer following the shooting incident.

Torreon, Dela Rosa's legal counsel, also shared photos with the Senator: "May mga nagsabi na diversion tactic lang daw 'yung putukan para makaalis sa Senado si Senator Dela Rosa, eh i-post nga natin ito para matigil na 'yang mga kwento na 'yan," his Facebook caption said.

Outside, a crowd has been gathering since Monday evening. In a Facebook post, Sotto claimed he was assaulted while inside his vehicle on Wednesday afternoon.

"I am furious and disappointed with the PNP and other security personnel assigned outside the Senate for failing to control the rowdy and unruly crowd, allowing them to assault me while inside my vehicle when I was about to exit the Senate.

The barbaric protesters banged my vehicle repeatedly, threw bottles and cursed foul remarks. They can see that I am driving alone with no bodyguards.

Ilang truck na PNP ang nakadeploy sa Senate, tapos ganito? Ganito na ba kawalang respeto at walanghiya ang mga taga suporta ng ilang Senador na nag rarally ngayong gabi?"

Incidentally, at 7:22 p.m. (according to reports), the Articles of Impeachment against Vice President Sara Duterte was transmitted by House Secretary General Cheloy Velicaria-Garafil to the Senate through Mendoza. The transmittal included reproduced documents, and collated and verified impeachment records and supporting attachments.

The House of Representatives, for the second time, voted to impeach Duterte, with 257 yes votes, 25 no votes, and nine abstentions. In 2025, they had 215 yes votes, but the Supreme Court declared the Articles of Impeachment as unconstitutional.

ALSO READ: Impeached Again: What's Next for Sara Duterte?

In a report released by the Southern Police District on May 14, 2026, Thursday morning, alias "Mel Oragon" (Filipino male, 44) is linked to the Wednesday night's gunfire incident inside the Senate building. The lone suspect "armed with an undetermined caliber firearm, allegedly fired several gunshots inside the Senate building, causing alarm and panic among individuals present within the vicinity," the police report indicated.

Alias "Mel Oragon" is "employed as a driver at the NBI," to which Matibag commented that Oragon "seems to be a volunteer who was with the agents" based on his own investigation.

Later, Palace Press Officer Claire Castro, in a press briefing, said that NBI agents were at the GSIS premises (where the Senate building is located) from around 6 p.m. on Wednesday because GSIS General Manager Wick Veloso called for assistance. "A bridge connects the GSIS office and the Senate office,' she clarified. "The key to open the door from the Senate to the bridge connected to the GSIS is held by the OSAA or the Senate."

The Palace spokesperson clarified to reporters that "there was no assault by NBI agents in the Senate" and that "there was no operation by the NBI or PNP to arrest Sen. Bato."

Castro maintained that Aplasca first fired a warning shot at an NBI agent, and it was then the agent fired back.

In a separate statement, Cayetano said that OSAA fired 27 shots, and before firing, the personnel issued a "verbal warning" against those "tryung to get into the Senate." But five shots came from "the other side."

Earlier on Thursday, a senator said that Dela Rosa left at 2:30 a.m., citing information from the Secratariat.

Dela Rosa's lawyers, Bondoc and Torreon, were mum about their client's whereabouts.

On Thursday afternoon, Senate President Cayetano said in a televised press conference that Dela Rosa has left the Senate premises. He said that OSAA confirmed this. Cayetano added that Dela Rosa's wife supposedly sent him a message, "[Dela Rosa] told me, habang tumatagal kasi siya diyan sa loob ay mas nadadamay kayo."

He maintained that it's wrong to say that Dela Rosa has "escaped" as there's no warrant for his arrest.

The International Criminal Court's Warrant of Arrest for Mr Ronald Marapon Dela Rosa has been available publicly on the ICC website since May 11, 2026, after it was unsealed after the initial issuance on November 6, 2025.

Justice Secretary Fredderick Vida on Friday said: "I do confirm that there is a valid ICC arrest warrant and a pending request from ICC… it has been duly received by the Philippines."

An Immigration Lookout Bulletin Order (ILBO) has already been issued against the senator. He added that the Philippine government "will definitely submit to the request of the ICC."

This is the second time this week that DOJ made a statement about the warrant of arrest issued by the international court. DOJ spokesperson lawyer Polo Martinez told reporters last Wednesday, May 13, that "under RA 9851, we may surrender a suspected or arrested person in the Philippines to the appropriate international court or tribunal. The other mode is extradition."

Republic Act 9851 (signed 2009) is the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity. Section 17, under Jurisdiction, states:

"In the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under this Act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime. Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court, if any, or to another State pursuant to the applicable extradition laws and treaties."

The Department of Justice is under the executive department of the Philippine government responsible for upholding the rule of law in the Philippines. The Supreme Court, on the other hand, is the highest judicial body with administrative authority over lower courts. The SC has previously ruled that the ICC retains jurisdiction over alleged crimes against humanity committed while the country was still a member through Pangilinan v. Cayetano (G.R. No. 238875, March 16, 2021).

UPDATED: May 15, 4:30 p.m.