The Supreme Court on Wednesday denied a petition of Senator Ronald ‘Bato’ Dela Rosa for a temporary restraining order on enforcement of an arrest warrant issued by the International Criminal Court over his role in the Duterte administration’s deadly drug war.
“The Supreme Court, in a vote of 9-5-1, denied the prayer for a temporary restraining order and/or status quo ante order filed by Senator Ronald ‘Bato’ M. Dela Rosa,” the High Court said.
The High Court said its interim ruling only decided on Dela Rosa’s prayers for interim relief, and the 15-member tribunal has yet to decide on the other issues raised by the senator, such as whether local officers may enforce the ICC warrant without a local judicial warrant, and whether it can be implemented despite the country’s exit from the tribunal.
‘Do not lose heart’
Dela Rosa’s lawyer Israelito Torreon said in a statement he will ask the court to reconsider its ruling.
“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 added.
The ICC last week unsealed an arrest warrant against Dela Rosa, accused along with Duterte and other “co-perpetrators” of the crime against humanity of murder.
Dela Rosa, who showed up at the Senate Monday last week after being absent for about six months, eventually left the Upper Chamber early dawn Thursday following a shooting incident between government agents and Senate security personnel.
Palace: Arrest warrant is valid
“Since there is no TRO, we are stating that the warrant of arrest is valid,” Presidential Communications Office Usec. Claire Castro told reporters.
There was no word, though, if authorities will now try to actively enforce the arrest warrant.
Castro said the government would let Justice Secretary Fredderick Vida interpret and evaluate the Supreme Court ruling.
She also cited the position of the Office of the Solicitor General that the enforcement of the ICC warrant against Dela Rosa no longer needs to pass through local courts.
“According to the OSG, which represents our government, it is not necessary for the enforcement of the warrant to go through a local court,” Castro said.
In an 83-page comment filed before the High Court, the OSG sought the denial of Dela Rosa’s petitions seeking to stop authorities from enforcing any ICC warrant against him.
“By his own conduct, he has placed himself outside the protection of the law,” Solicitor General Darlene Berberabe said.
“Until he submits himself to lawful authorities, he must be deemed a fugitive from justice and should not be allowed to seek any relief from the courts,” the OSG added.
The National Bureau of Investigation, for its part, said it is ready for any possible operation to track down Dela Rosa now that the High Court has denied his petition for a TRO.
NBI spokesman Palmer Mallari said the agency is ready to assist in serving the ICC warrant if the government gives the go-signal. — With Agence France Presse
Editor’s Note: This story has been updated. Originally posted with the headline “SC denies Bato’s TRO bid on ICC arrest.”
