The Department of Justice (DOJ) on Thursday ordered law enforcement agencies to hunt down and arrest Senator Ronald ‘Bato’ dela Rosa, who was described as a “fugitive” wanted by the International Criminal Court over his role in former President Rodrigo Duterte’s deadly drug crackdown.
“I would like to confirm that the Philippine law enforcement agencies, which would include the PNP and the National Bureau of Investigation, are now tasked to effect the arrest of Senator Ronald ‘Bato’ dela Rosa,” Justice Secretary Fredderick Vida said.
Interior Secretary Jonvic Remulla said with the DOJ order, the entire 225,000-strong Philippine National Police will join the manhunt to locate Dela Rosa.
“It’s 225,000, that’s the entire PNP,” Remulla said when asked if he will activate the 10,000-strong task force he earlier said will lead the search for the senator.
Presidential Communications Office Undersecretary Claire Castro said the public can expect “swift and legal action from the government.”
“What the DOJ said is clear: The warrant of arrest against Senator Bato is enforceable. You can expect the proper action aligned with our laws from the government. Our officials will do everything to ensure justice is served for all,” Castro said.
Dela Rosa, who served as Duterte’s police chief, was the enforcer of the drug war that killed thousands of people – around 6,000 based on PNP data or as high as 12,000 based on estimates of human rights organizations.
Fugitive from justice
“There is a valid arrest warrant issued by the ICC. He is not in the Senate premises. There is no TRO (temporary restraining order) or any interim order from the Supreme Court. The arrest warrant is now enforceable,” Vida said.
“Senator Bato is a fugitive from justice, and he should be brought to the ICC to face the charges before him,” he added.
Dela Rosa is on the run after fleeing the Senate building last week, hours after a shooting incident between government agents and Senate security personnel.
The ICC last week unsealed its arrest warrant against the senator, who was named as co-perpetrator of Duterte in the crime against humanity of murder.
The Supreme Court’s interim ruling on Wednesday denied Dela Rosa’s bid for a temporary restraining order, which means the ICC warrant can now be enforced, Vida added.
“We’re pursuing this so that the ends of justice may be achieved,” Vida said, warning that “there are consequences” to anyone who would try to help Dela Rosa avoid arrest.
PNP chief Gen. Jose Nartatez added: “As a law enforcement agency, the PNP shall perform its mandate in accordance with existing laws, due process, and established operational procedures.
The PNP likewise assures the public that all actions undertaken shall remain impartial, professional, and within the bounds of the law, with full respect for the constitutional rights of all parties concerned.”
Leads on whereabouts
Vida acknowledged that there are already leads on Dela Rosa’s whereabouts.
“There are leads. As to the exact leads, I cannot discuss them. First, I’m not privy to those leads. They are available to our law enforcement agencies and to their units,” the Justice chief said.
Castro said President Ferdinand Marcos Jr. remains attentive to calls for justice while ensuring that government actions remain lawful.
“The President is not closing his eyes on those seeking justice. He listens to people crying out for justice,” she said.
Meanwhile, minority senator Risa Hontiveros urged Dela Rosa to surrender while Erwin Tulfo said the Upper Chamber will not move to stop the enforcement of the arrest warrant.
“I repeat our call to Senator Dela Rosa: Respect the law and submit to and cooperate with law enforcement officers and legal processes,” Hontiveros said.
“I pray for the peaceful and lawful resolution of this situation which has already affected multiple institutions, and the entire country itself,” she added.
“By not coming out with a TRO, it means the SC is respecting the standing warrant from the ICC. So why should we interfere with that? Why should we stop it?” Tulfo said.
“Maybe it would be better (for him to surrender) so he would no longer have to go through hardship or hiding. But in the end, it is up to him. It is difficult to force a person. He also has freedom. He also has his own mind,” he said.
‘Warrant personal in character’
As this developed, Tomas Claudio Colleges-College of Law founding dean Salvador Moya II said the arrest warrant against Dela Rosa cannot be served to his legal counsels, contrary to the claim of one of the senator’s lawyers, Jimmy Bondoc.
In an interview with Manila Standard on Thursday, he explained a warrant of arrest is “personal in character” under Rule 113 of the Revised Rules of Criminal Procedure.
“It is the taking of a person into custody of the law to answer for the charge or charges against him. The personality of the counsel starts when the accused is arrested and arraigned by the court,” he said.
Moya, a remedial law expert, said Dela Rosa’s lawyer has no personality unless the accused is already in custody of law.
Dela Rosa’s lawyer Israelito Torreon on Wednesday said he will ask the Supreme Court to reconsider its ruling denying the TRO request.
“We will exhaust every remedy available under law. We will continue to appear before every proper forum, at every stage of this litigation, with full respect for the Court and with full fidelity to the Constitution.”
“To our client and to all those who believe that the Constitution must remain supreme on our own soil: Do not lose heart,” Torreon said.
On its website, the ICC already listed Dela Rosa as a defendant “at large” for crimes against humanity in relation to the bloody war on drugs during the Duterte administration.
In February, Dela Rosa, Senator Bong Go, and six others were identified as “co-perpetrators” in the crimes against humanity trial of Duterte, documents released by ICC prosecutors showed.
Other individuals also identified as indirect co-perpetrators were former PNP officials Oscar Albayalde, Vicente Danao, Camilo Cascolan, and Isidro Lapeña, as well as former National Bureau of Investigation director Dante Gierran and former Justice Secretary Vitaliano Aguirre.
According to the ICC prosecution document, “Duterte and his co-perpetrators shared a common plan or agreement to “neutralize” alleged criminals in the Philippines (including those perceived or alleged to be associated with drug use, sale or production) through violent crimes including murder).”
ICC prosecutors have charged Duterte with three counts of crimes against humanity, alleging his involvement in at least 76 murders between 2013 and 2018 as part of his “war on drugs.”
Editor’s Note: This story will be updated.
