Bato seeks TRO on still-unconfirmed ICC arrest warrant
Sen. Ronald “Bato” dela Rosa and his legal team turned to the Supreme Court on Thursday to reiterate their plea for a temporary restraining order (TRO) and prevent the government from arresting him in connection with the charges he faces at the International Criminal Court (ICC).
They took the preemptive step five days after media reports quoting Ombudsman Jesus Crispin Remulla said the ICC had already issued an arrest warrant against Dela Rosa. The former Philippine National Police chief is accused of being a coperpetrator responsible for the thousands killed in the so-called drug war waged by then President Rodrigo Duterte.
They went to the Supreme Court even though Remulla’s statement remained unconfirmed by other concerned agencies, including the Department of Justice that he formerly headed.
In a 25-page very urgent manifestation, Dela Rosa and Duterte—both represented by lawyer Israelito Torreon—cited the media reports about supposed issuance of the ICC warrant, as disclosed by the Ombudsman on Nov. 8.
The pleading said Remulla is a high-ranking official who previously served as justice secretary, making his statement credible enough to trigger the “operational machinery of law enforcement agencies that may construe such information as authorization to coordinate with the International Criminal Police Organization (Interpol) or execute the warrant.”
It also told the high court that Dela Rosa and Duterte received information on Nov. 9 that the ICC had issued a “diffusion order” against the senator, which is a direct request from an international entity to share intelligence or seek assistance in criminal investigations, but one that does not require legal scrutiny.
‘Cautionary precedent’
“The petitioners respectfully submit that the risk of petitioner Dela Rosa’s illegal arrest, surrender, or turnover to ICC authorities has now become imminent and real,” the pleading said.
The arrest of Duterte by Philippine authorities and his turnover to ICC custody on March 11 were done without court approval and should now be viewed as a “cautionary precedent,” it said.
The executive branch, it said, could once again act unilaterally under the guise of comity or cooperation with the ICC.
Aside from seeking a TRO, the petitioners urged the Supreme Court to take judicial notice of Remulla’s statement about the ICC warrant, as well as the DOJ’s continued cooperation with the ICC.
They also cited Remulla’s earlier interview when he was still justice secretary, where he said the ICC had contacted three to four drug war witnesses who were under the DOJ’s Witness Protection Program.
Confirm or deny
Dela Rosa and Duterte also asked the tribunal to require, within 72 hours, sworn certifications from the DOJ and the Department of Foreign Affairs confirming or denying any ICC-related warrant or communication.
The pleading submitted on Thursday was a reiteration of their main petition filed on March 11, the day of Duterte’s arrest, a last-ditch effort to keep the ex-president from being flown to The Hague in the Netherlands.
On Tuesday, Prosecutor General Richard Fadullon said the DOJ would await for the Supreme Court’s resolution on the petitions questioning Duterte’s arrest before acting on the reported warrant against Dela Rosa.
“We want to be more careful because the circumstances then and the circumstances now are quite different. At that time, there was no petition yet which was raised or filed before the Supreme Court,” Fadullon said.
