SENATOR RONALD "BATO" DELA ROSA — OFFICIAL FACEBOOK ACCOUNT OF THE SENATE OF THE PHILIPPINES/VOLTAIRE F. DOMINGO, SENATE SOCIAL MEDIA UNIT/ JOSEPH B. VIDAL, OSP

By Erika Mae P. Sinaking

THE Philippine government could expedite or surrender Senator Ronald “Bato” M. dela Rosa to the Interpol if the International Criminal Court (ICC) formally issues an arrest warrant over the Duterte administration’s bloody drug war, the Justice department said on Tuesday.

The Department of Justice (DoJ), through Chief State Counsel Dennis Arvin L. Chan, said it would comply with legal procedures and reciprocity principles once the document is formally transmitted, even as it reiterated for the second time that it has yet to receive a copy of the alleged ICC warrant.

Mr. Chan said that the state has two legal options: extradition or surrender, with the latter being “the faster approach.” He cautioned against focusing solely on extradition, noting that this “is limiting the state’s discretion under Section 17 of RA (Republic Act) 9851.”

Mr. Chan said that the government is “seriously studying” all options.

“We are not closing the door on extradition or surrender and until now we have not seen nor received a copy of this ICC warrant of arrest,” he told reporters at a press briefing in Taguig City.

The discussion comes after Ombudsman Jesus Crispin C. Remulla claimed during a radio interview last Saturday that an arrest warrant for Mr. dela Rosa was issued.

In his latest remark on Tuesday, Mr. Remulla stood by the existence of the document, saying he has a copy of the ICC arrest warrant on his phone but noting it has yet to pass through proper channels before it can be officially implemented.

“If you ask me whether there is a warrant, yes, I have it on my phone. I have a copy, but it is not yet an official copy; I just know that it exists. The warrant is on my phone, but since it’s not official, it still has to go through the proper channels to be implemented,” he told a press briefing.

Fadi El Abdallah, spokesperson and head of the Public Affairs Unit at the ICC, said in a message to reporters on Monday that the court “cannot confirm such news,” noting that all official announcements are published through its formal communication channels.

The Department of Foreign Affairs (DFA) and the Department of the Interior and Local Government (DILG) have also confirmed they have not received any official document regarding the alleged warrant.

At the same briefing, Prosecutor General Richard Anthony D. Fadullon said that the government is exercising “circumspect” caution and may await a resolution from the Supreme Court (SC) on pending petitions related to the ICC’s jurisdiction before taking definitive action.

The precedent for implementation was set earlier this year in relation to former President Rodrigo R. Duterte. In that prior incident, the warrant was likely transmitted via Interpol to the Philippine Center for Transnational Crimes and quickly relayed to law enforcement for implementation. This procedure is the subject of a pending SC petition filed by Mr. dela Rosa himself.

Mr. Fadullon said that while there is no temporary restraining order (TRO), prudence dictates waiting for the SC ruling to resolve the legal issues surrounding the implementation process before moving definitively on a new case.

He also clarified that Mr. dela Rosa’s status as a sitting senator would not legally prevent the government from surrendering or extraditing him if an ICC warrant is issued.

JUDICIAL CLARITY
Meanwhile, high school teacher John Barry T. Tayam filed a motion for reconsideration before the SC, seeking judicial clarity on the reported ICC arrest warrant against Mr. dela Rosa.

The filing, submitted on Tuesday, also requests amendments to include the current heads of key government offices as respondents, reflecting recent changes in leadership.

Mr. Tayam’s original petition for prohibition, filed on March 27, 2025, sought to prevent Mr. dela Rosa from using the Senate as a sanctuary, in the event the ICC issues a warrant. The SC dismissed it on May 20, 2025, citing the absence of an actual case or controversy.

In the new motion, Mr. Tayam argued the matter has now ripened into a justiciable controversy following Mr. Remulla’s remarks on Nov. 8, that the ICC issued an arrest warrant against the senator.

The Office of Senator Dela Rosa did not immediately reply to a Viber message seeking comment.

The motion asks the high court to clarify the scope of legislative immunity, the distinction between extradition and surrender under Philippine law, and the applicability of the New Rules on Extradition Proceedings, effective Nov. 11, 2025.

Mr. Tayam said the ICC warrant falls under the “surrender” provision of Republic Act No. 9851, since the ICC is an international tribunal and not a sovereign state.

He also stressed the constitutional requirement for due process and transparency, urging the Court to decide on the merits rather than procedural technicalities.

The updated list of respondents now includes the Senate, the Office of the Ombudsman, the DoJ, and the Office of the Solicitor General.

Senate President Vicente C. Sotto III earlier reiterated that no senator can be arrested within the chamber, consistent with institutional rules and courtesy. He noted, however, that any arrests outside Senate premises would be “no longer our concern.”

Mr. Dela Rosa, who sat as Police chief from July 2016 to April 2018, enforced President Duterte’s anti-drug campaign.

Government data recorded 6,252 deaths in police operations, while human rights groups and the ICC estimate the toll, including extrajudicial and vigilante-style killings, could be 8,000 to 30,000.

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