Senator Ronald Dela Rosa is seeking clarity from the Supreme Court on the legal framework governing the surrender of Filipinos to the International Criminal Court following the Philippines’ withdrawal from the Rome Statute, lawyer Israelito Torreon said on Tuesday.
Torreon said the lawmaker is not asking the Court to create new rules but to issue a judicial declaration on existing law and determine which branch of government has authority over ICC surrenders.
His petition highlights that the Philippines currently lacks a domestic procedure for arrest or surrender to the ICC and questions whether Section 17 of Republic Act 9851 remains enforceable.
He noted that extradition cases have a clear statutory framework under Presidential Decree 1069 and the 2025 Extradition Rules, which cover warrants, bail, and other procedural matters.
“In the case of ICC surrender, there is no such statute, no implementing law, and no judicial framework whatsoever,” Torreon said.
He added that international practice shows ICC cooperation requires comprehensive legislation, citing Germany, Canada, Austria, and the Netherlands.
“As we repeatedly stressed, surrender to an international criminal court is an act of sovereignty that deprives a Filipino of liberty, allows foreign jurisdiction to attach, and defines when Philippine authorities may assist an external tribunal,” he said.
Senator Robinhood Padilla meanwhile advised Dela Rosa to ‘never surrender to a foreign power’ following reports that the latter was facing an alleged arrest warrant from the ICC.
Dela Rosa has not been seen at the Senate since Ombudsman Jesus Crispin Remulla claimed the ICC had issued a warrant against him over the implementation of former President Rodrigo Duterte’s war on drugs when he was national police chief.
Senate President Vicente Sotto III said he has not heard from Dela Rosa.
Asked what the Senate can do to help Dela Rosa, Sotto said: “We will find him good lawyers if he requires it. I’m sure he already has many.”
He declined to comment on whether Dela Rosa can hide in the Senate, where members have certain privileges from arrest.
