Supreme Court Denies Bato Dela Rosa's Plea to Block ICC Arrest

After a week of congressional theatrics, an ouster, and an apparent shooting at the Senate, Senator Ronald "Bato" Dela Rosa's bid to shield himself from the International Criminal Court's arrest warrant has hit a wall. The Supreme Court on Wednesday denied his legal team's request for a temporary restraining order or injunction, with the En Banc voting 9-5-1.

The country's highest court clarified that it has yet to rule on the main legal issues raised by both parties. Earlier this month, the Department of Justice said it would only carry out the Hague-based tribunal's warrant after all legal issues had been resolved by the SC, a position that may now require revisiting.

ALSO READ:

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

Impeached Again: What's Next for Sara Duterte?

Dela Rosa's junked legal move comes after he resurfaced after going into hiding in November last year after the ICC issued a warrant against him and at the height of pre-trial proceedings against detained former President Rodrigo Duterte. He served as the country's Philippine National Police chief during the previous administration.

"The SC only decided on the prayers for interim relief. The main issues raised by the parties in their pleadings and motions are yet to be resolved in the main case,” according to the high tribunal.

Many pundits have speculated that he only went back to work to help install a Duterte ally, Senate President Alan Peter Cayetano, as head of the upper chamber to block impeachment efforts against Vice President Sara Duterte; the move has drawn a lot of criticism after the House of Representatives impeached Duterte for the second time in a little over a year.

Booting former Senate President Tito Sotto had crippled expectations of an emphatic Duterte impeachment after he was replaced by a longtime Duterte ally in Cayetano, who was backed by other senators who lean in favor of the embattled vice president.

Dela Rosa was also expected to be arrested by local law enforcers after he took refuge in the Senate after he invoked the rules of the chamber that bar authorities from seizing him on the premises.

Many have also speculated that the shooting that occurred at the Senate last week was a staged diversionary tactic that allowed Dela Rosa to flee undetected and escape arrest. His camp has repeatedly denied claims that he was evading authorities.

The national police chief-turned-senator has since been branded as a "fugitive from justice" after the dramatic Senate standoff that raised alarm over the safety of the many journalists and Senate staff covering proceedings.

“It’s better as a former [police] chief, and he knows that there is a valid arrest warrant issued by the ICC, and like what Senator [Robinhood C.] Padilla used to say, if there is no guilt, come out,” she told a briefing in Filipino. Palace Press Officer Claire Castro told a news briefing, urging Dela Rosa to come out of hiding. If he were truly innocent.

So what is Senator Dela Rosa's justification against folding to the ICC's jurisdiction?

The lawmaker's 117-page petition sought to block his arrest; he rejected the state's theses seeking to throw out his plea for a TRO, as he said the local justice system and accompanying proceedings should reign supreme over foreign entities.

"Accountability for grave crimes is a legitimate state interest, but the gravity of the accusation is not a substitute for jurisdiction, statutory authority, or judicial process,” according to a copy of the petition filed by his lawyers.

His lawyers noted that arrests must be approved by local magistrates and warned against "executive shortcuts."

The Office of the Solicitor General has stood by its stance in saying that ICC warrants don't require prior court validation and can be carried out in the country.

Solicitor General Darlene Marie Berberabe has said that the "ICC warrant against Senator dela Rosa does not require validation by a domestic court to be enforceable."

Dela Rosa has consistently argued that the ICC lost its jurisdiction over the Philippines after Duterte cancelled membership in 2018, taking effect a year later.

The tribunal reopened its probe into the deadly drug war after it deemed the Philippine government wasn't doing enough to penalize those behind the extrajudicial killings.

“No foreign tribunal, no executive department and no international body is the final and authoritative voice on what Philippine law requires within Philippine territory,” according to Dela Rosa's petition.

“A person who seeks judicial relief before being arrested is not evading the law; he is invoking the law."

He earlier argued that he only hid from the public since his liberty was at risk due to the ICC warrant.

The Hague-based tribunal last week issued the arrest warrant against Dela Rosa over the alleged crimes against humanity committed during the deadly drug war, linking the former police chief as a supposed indirect co-perpetrator of the firebrand ex-president.

The ICC's Pre-Trial Chamber said it found enough reason to look into Dela Rosa's role in the anti-illegal drug campaign covering killings between July 2016 and April 18, with at least 32 drug suspects losing their lives.

He had earlier denied that he issued kill orders against suspected drug pushers, as he called the evidence before the ICC "fabricated."

The elder Duterte, who is 80 years old, is standing on trial for his deadly drug war, which was a key pillar of his maverick persona during his presidency. The ICC last month ruled that it has full authority over the crimes committed during the tough-talking leader's time in power.

He is facing three counts of murder involving alleged drug suspects and for reportedly approving summary executions during his terms as Davao City mayor and president.

The Philippine government estimates that more than 6,000 alleged narcotics peddlers and users were killed during the bloody campaign. Though human rights groups and watchdogs say the actual death toll is much higher, at about 30,000.

According to Human Rights Watch, the drug war has led to more than 12,000 deaths of mostly urban poor suspects, and at least 2,555 of the killings have been attributed to the Philippine National Police.

"It would be a profound historical irony and a constitutional tragedy if the executive were now permitted to do voluntarily what colonialism imposed by force: deliver a Filipino citizen to a foreign authority," according to Dela Rosa in his petition before the High Court.

READ MORE:

What You Need to Know About the ICC’s Murder Charges Vs. Former President Duterte

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