The Supreme Court (SC) on Wednesday announced its decision to deny Senator Ronald ‘Bato’ Dela Rosa’s request for issuance of a temporary restraining order (TRO) to prohibit his possible arrest.
Last week, the International Criminal Court (ICC) confirmed the issuance of a warrant of arrest versus Dela Rosa, who has been named as co-perpetrator of former president Rodrigo Duterte in his crimes against humanity case.
In a vote of 9-5-1, the High Court denied the prayer for a TRO and/or status quo ante order (SQAO) filed by Dela Rosa through his legal counsels.
Dela Rosa made several manifestations asking the SC to prevent government agencies from arresting him on the basis of the ICC warrant.
While the SC decided on the prayers for interim relief, it has yet to decide on the main issues raised by the parties in the pleadings and motions.
Earlier, Department of Justice (DOJ) spokesperson Polo Martinez said the DOJ is not ordering any arrest against Dela Rosa pending the SC decision on the matter.
“The official directive is to stand down despite the validity and enforceability of the ICC warrant… But unless he attempts to leave the country, or until the Supreme Court has ruled in favor of the State in the pending case, the directive is to not yet enforce the warrant,” he told justice reporters.
Martinez added that the justice department respects the Senate as a co-equal branch of the government which has earlier challenged the enforcement of the ICC warrant.
Arrest warrant is ‘valid’
Malacañang on Wednesday maintained that the ICC arrest warrant against Dela Rosa remains enforceable, after the Supreme Court denied the issuance of a temporary restraining order halting its implementation.
Presidential Communications Office Undersecretary Claire Castro said the Palace considers the warrant valid while awaiting further legal interpretation from government lawyers.
“Sa ngayon, nasasabi po natin na ang warrant of arrest ay valid laban dito kay Sen. Bato dela Rosa (As of today, we can say that the warrant of arrest is valid against Sen. Bato dela Rosa),” Castro said during a press briefing.
Castro made the statement after the Supreme Court acted on Dela Rosa’s petition questioning the ICC warrant issued against him. The senator had sought judicial relief, including a TRO, which the High Court denied.
She said Malacañang would defer legal analysis of the SC resolution to Justice Secretary Fredderick Vida.
“Different circumstances prevail now. Only the Office of the President can make further pronouncements on the matter,” Vida said in response to questions from reporters.
Castro was asked whether President Ferdinand “Bongbong” Marcos Jr. had given any instructions following the Supreme Court’s action, especially after previously directing the National Bureau of Investigation not to enter the Senate while the high court had yet to rule.
She did not directly say whether the president had issued new guidance, but reiterated that the absence of a TRO means the warrant remains in effect.
“Since wala pong TRO, tayo po ay nagsasabi na ang warrant of arrest ay valid (Since there is no TRO, we are stating that the warrant of arrest is valid),” Castro said.
Castro also cited the position of the Office of the Solicitor General (OSG) that enforcement of the ICC warrant against Dela Rosa no longer needs to pass through local courts.
“Ayon sa OSG—nakita po natin kung ano ang statement ng OSG na siyang kumakatawan sa ating gobyerno—sabi po niya ay hindi po kailangan dumaan sa local court (According to the OSG—we have seen what the statement of the OSG, which represents our government, is—it said that it is not necessary to go through the local court),” she said.
