Remulla Says ICC Warrant Versus Dela Rosa Out; DOJ Verifying

The International Criminal Court (ICC) has issued an arrest warrant against Sen. Ronald “Bato” dela Rosa for crimes against humanity in connection with his role in the previous Duterte administration’s deadly war on drugs, Ombudsman Jesus Crispin Remulla said in a radio interview on Saturday, Nov. 8.

“I have it on good authority, since this is a public interest program, (to announce) that the ICC has issued a warrant against Sen. Bato dela Rosa – a warrant of arrest,” Remulla told dzRH.

Asked if the information is confirmed, Remulla said: “I would say so. I have it on good authority. Someone spoke to me about it earlier,” he said in the interview. 

He has yet to respond to The Philippines STAR’s query about the date of issuance of the warrant or his source of information.

There was no confirmation yet of the arrest order from the ICC either. 

The international court does not always disclose its release of arrest warrants. In the case of former president Rodrigo Duterte, the public redacted version of the warrant for his arrest was released only after he was surrendered to the ICC.

Malacañang also said it cannot confirm the development. “No confirmation,” Presidential Communications Undersecretary Claire Castro said in a text message.

The Department of Justice (DOJ) also said it is still verifying the information. “As of this hour, we are currently working to verify this information. We have also not yet seen or received a copy of said arrest warrant. We shall provide further details as soon as it becomes available,” DOJ spokesman Polo Martinez said in a statement. 

The Department of Foreign Affairs also issued a statement that it has not received any communication from the ICC regarding an arrest warrant.

There is no word yet from Dela Rosa regarding the supposed arrest order, but his lawyer has called on the public and media to exercise restraint, saying reports on the arrest order were still unverified.

In a statement, Dela Rosa’s legal counsel Israelito Torreon said they have no independent confirmation yet of an arrest warrant issued by the ICC.

“We therefore urge the public and the media to exercise caution and restraint in sharing or interpreting such reports until verified information is officially released by competent authorities or by the ICC itself,” Torreon said.

If the reports were confirmed, Torreon said they trust the Philippine government to act “in accordance with the rule of law” and ensure that “any such action shall first pass through the proper local judicial confirmation process consistent with our Constitution, due process, and the sovereign rights of the Republic of the Philippines.”

“For now, we shall await official confirmation before making any further statement on the matter,” he added.

Court OK needed

The ICC’s supposed issuance of a warrant for Dela Rosa’s arrest came barely eight months after the serving of a similar warrant to former president Duterte last March 11. Asked if the senator would be automatically turned over to the ICC with the help of the Interpol, Executive Secretary Lucas Bersamin said it would be different in Dela Rosa’s case. “Not anymore,” he said in a Viber message.

“The SC (Supreme Court) has since come out with a new rule on extradition requiring a prior resort to a court before the person subject of extradition may be brought out of the country,” he said.

Remulla himself admitted that for the ICC to implement its arrest order, it would have to file an extradition request first with the Philippine government.

“This (crime against humanity) is an extraditable offense. What will happen is that they (ICC) will have to file it with the DOJ, through the Office of the Chief State Counsel, and the Solicitor-General will be called to represent the Philippines… So, the ICC will be the requesting party,” Remulla said.

Under the SC’s Rules on Extradition Proceedings released just last Oct. 27, “extradition is permitted only when the crime is punishable under both Philippine law and the law of the Requesting State.”

Dela Rosa was the chief of the Philippine National Police (PNP) when the Duterte administration launched its bloody war against illegal drugs. He was also the chief of the Davao City Police during the time of Duterte as mayor.

Without a red notice alert from the ICC to the Center for Transnational Crimes, the PNP cannot arrest Dela Rosa yet, according to Interior and Local Government Secretary Jonvic Remulla.

“At present, there is no actionable document for the Department to respond to,” the DILG chief said in a statement. Dela Rosa was last seen in Cebu City visiting typhoon-ravaged areas, at least based on his post on Facebook.

Senate refuge

Senate President Vicente Sotto III, meanwhile, assured Dela Rosa that he would not be arrested while at the Senate premises when session resumes next week. 

“I am not privy to the warrant being issued. But as I have said in the past and in consultation with some members of the Senate – to preserve the dignity of the Senate, and as a matter of institutional courtesy – we cannot allow any senator to be arrested in the Senate premises,” Sotto said. “Outside the Senate premises – that’s no longer our concern.”

Senate Minority Leader Alan Peter Cayetano said he is reminding the chamber’s leadership that “extradition, and all acts of justice, must be rooted in law and due process, not in bias or emotion.”

“The Supreme Court’s Rules on Extradition Proceedings remind us that if we are to restore the people’s trust in government, we must once again be a nation guided by principle and law — through the aid and guidance of the Almighty — and not by the shifting winds of politics or personal prejudice,” Cayetano said.

Lawyer Kristina Conti, ICC assistant to counsel who represents some drug war victims, said the Marcos administration “has to enforce his arrest and surrender to the ICC as part of our continuing obligations to the court” despite the country’s withdrawal from the Rome Statute, citing ICC’s “recent decision on the jurisdiction challenge of Rodrigo Duterte in his case.”  

She also said there is no confirmation yet of the ICC arrest order. “The warrant of arrest against Ronald ‘Bato’ Dela Rosa, in case it has been issued, has not yet been publicly shared and posted,” she said in a Facebook post.

But she maintained that an arrest order against Dela Rosa “is certain from what victims know and what the prosecution has presented.”

Lawmakers, meanwhile, welcomed Remulla’s announcement. “Debt payment and justice will come to those who stole and claimed the blood and lives of the thousands of our countrymen, who are mostly poor,” Akbayan party-list Rep. Perci Cendaña said in s statement.

“Senator Bato should face his case. He should stand firm in his claims of courage where he said in the past that he will face it,” Cendaña said.

Members of the Makabayan bloc in the House of Representatives said an ICC arrest warrant – if one had really been issued – should be enforced immediately.

“We in the Makabayan bloc firmly assert that justice for the victims of the Duterte Drug War must be achieved. Senator Ronald ‘Bato’ Dela Rosa, as the chief implementor and author of Oplan Tokhang and Oplan Double Barrel, must be held accountable for the widespread killings and abuses committed under this campaign,” Representatives Antonio Tinio (ACT Teachers), Renee Louise Co (Kabataan) and Sarah Elago (Gabriela Women’s Party) said in a joint statement.

“The brains and advocates of the blood drug war should not be allowed to continue enjoy freedom. There is a long list of families of the victims who wants justice. Bato dela Rosa and the others involved  should be held accountable,” Tinio said.

They also said Dela Rosa should not be allowed to use the Senate as his hiding place. “The ICC warrant must be enforced, and every attempt to shield those responsible from accountability must be opposed. Justice for the victims of drug war, hold accountable those involved.” – With additional reports from Janvic Mateo, Alexis Romero, Emmanuel Tupas, Diana Lhyd Suelto, Jose Rodel Clapano, Michael Punongbayan and Marc Jayson Cayabyab