Lawyer Israelito Torreon, Senator Ronald ‘Bato’ Dela Rosa’s legal counsel, on Wednesday said the Philippines cannot automatically enforce an alleged International Criminal Court (ICC) arrest warrant against his client.
Torreon explained that Republic Act No. 9851, covering crimes against international humanitarian law and other crimes against humanity, is not self-executing because it lacks implementing rules and regulations governing the surrender process.
Meanwhile, Interior Secretary Jonvic Remulla said that the alleged copy of the warrant obtained by his brother Ombudsman Jesus Crispin Remulla came from a third source.
“We talked on the phone. He told me he got the electronic copy from a third source. So, it is not from the ICC,” he told Dobol B TV in Filipino.
ICC assistant to counsel Kristina Conti, on the other hand, said that all warrants of the International Criminal Court (ICC) are now to be filed as ‘under seal’ or secret.
In an interview with Manila Standard on Wednesday, Conti explained that it is ‘fair enough’ for the court spokesperson not to confirm a warrant against Senator Ronald “Bato” Dela Rosa following a recent amendment to the ICC’s regulations.
“What this means is that, whether a warrant has indeed been issued or is still to be issued, it is most likely not intended to be made known to the public – until of course a suspect has been brought to the court. Considerations for publicizing or not publicizing a warrant include whether this could interrupt criminal conduct, deter the commission of other crimes, or maximise opportunities for arrest,” she said.
Said rule was approved last week and came into force on Monday, November 10, she said.
Sen. Bato’s counsel said that “no Implementing Rules and Regulations (IRR) have ever been promulgated by the Department of Justice, the Department of Foreign Affairs, or any other competent authority to define or govern the specific process by which such ‘surrender’ may be effected.”
Section 17, he added, allows surrender or extradition only pursuant to applicable laws and treaties, making the provision conditional rather than automatic.
According to Torreon, surrendering a Filipino citizen to a foreign or international court constitutes a severe deprivation of liberty involving transfer outside Philippine jurisdiction.
Yesterday, Chief State Counsel Dennis Arvin L. Chan clarified that under R.A. No. 9851, the state has two options available which includes extradition and surrender.
“To close the door on one option and just focus entirely on extradition is limiting the state’s discretion under Sec. 17 of R.A. 9851. We also like to inform everyone that the [SC’s] Rules on Extradition was actually brought about by the [DOJ’s] request for the [SC] to come out with uniform guidelines on how to resolve requests for extradition,” he said.
Meanwhile, Senate President Pro Tempore Panfilo ‘Ping’ Lacson during a chance interview said he hopes to speak with Dela Rosa to share legal advice based on his own experience facing criminal charges.
Lacson recalled leaving the Philippines in 2010 after facing double murder charges and returning a year later, joking that he could teach Dela Rosa how to hide, leaving enforcement to authorities.
“He has not yet decided whether he will go into hiding. It is his choice,” the veteran lawmaker reminded.
Senate Minority Leader Alan Peter Cayetano, on the other hand, urged faith in Philippine courts and the rule of law, stressing that all legal matters, including any involving Dela Rosa, should be adjudicated within the country’s justice system.
For Cayetano, Philippine courts serve as the final authority on justice, and foreign tribunals cannot supersede local judicial processes.
Torreon reiterated that they have not received independent verification of any ICC arrest warrant at the time of writing.
Dela Rosa has not personally addressed the matter and skipped a recent plenary session amid reports of the alleged ICC warrant.
