Ronald Dela Rosa addressed the media during an ambush interview at the Philippine Senate on Wednesday, May 13, 2026, to discuss ongoing issues related to the International Criminal Court (ICC) arrest warrant. Dela Rosa expressed his plea for understanding and support from his fellow members of the uniformed services.
Maria Tan, News
MANILA
(UPDATED)
— The Office of the Solicitor General (OSG) has requested the Supreme Court to reject Senator Ronald “Bato” dela Rosa’s petition aimed at blocking the implementation of the ICC arrest warrant issued against him.
Dela Rosa submitted an urgent manifestation on May 11, stating that the court could now consider the issue since the existence of the ICC warrant had been confirmed. However, the Supreme Court did not issue a temporary restraining order. Instead, it asked for comments from government agencies involved in the arrest of former President Rodrigo Duterte in March 2025, including the Office of the Executive Secretary, Ombudsman, Department of the Interior and Local Government, and the Philippine National Police.
The ICC arrest warrant identifies Dela Rosa as a "co-perpetrator" in the crimes against humanity case against Duterte, which stems from the thousands of deaths recorded during the war on drugs under his presidency.
The OSG, representing the government officials, argued that Republic Act 9851 — the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity — authorizes the government to enforce the ICC arrest warrant without needing validation by a Philippine court.
'NOT AN EXTRADITION'
The solicitor general also emphasized that Dela Rosa’s case is not covered by extradition rules, noting that an ICC surrender — where a state delivers a person to the court — differs from extradition, which involves cooperation between states.
It stated that Dela Rosa invokes extradition rules not to follow the law but to "add a layer of domestic litigation" in the warrant’s enforcement.
The OSG further argued that Dela Rosa is not entitled to an injunctive writ because the attempts to serve the warrant did not threaten his liberty.
Dela Rosa was able to enter the Senate session hall last week, cast his vote to elect Senator Alan Peter Cayetano as new Senate president, was afforded protection, and managed to leave without hindrance. All these suggest he was not under real restraint and remained physically at liberty, according to the OSG.
'IMMUNITY, RELIEFS NOT APPLICABLE'
The OSG reiterated that parliamentary immunity, which supposedly protects Dela Rosa from arrest, only applies to offenses punishable by not more than six years of imprisonment. Crimes against humanity under Article 7 of the Rome Statute constitute life imprisonment, while RA 9851 imposes penalties ranging from reclusion temporal to reclusion perpetua.
The OSG also maintained that Dela Rosa has put himself "beyond the reach of law enforcement," and "the fugitive disentitlement should also apply to him."
SC asks gov't to comment on Dela Rosa petition, no TRO issued
In November, the SC stated that fugitives cannot seek judicial relief until they are under the court's jurisdiction. "They can only restore their standing before the court through voluntary surrender," the SC said then.
Dela Rosa and his lawyers will have 72 hours from receipt of the government's comment to respond.
DRUG WAR
The OSG pointed out the "stark contrast" between Dela Rosa’s experience and that of the victims of the drug war — the same alleged crimes against humanity that brought Duterte to The Hague in the Netherlands.
The officials stated the victims were "never afforded the luxury of interpreting the law for themselves, never given the opportunity to question whether force should be used against them, never heard before judgment was effectively carried out."
"They ended up dead, forever silenced, their deaths too often reduced to a single phrase: 'nanlaban,' the respondents commented.
The OSG stressed that, as the Philippine National Police chief during Duterte’s term, Dela Rosa launched and led the campaign that killed thousands, "among them the poor, the defenseless, even children, the nameless."
Dela Rosa's exit from Senate 'grave injustice' to drug war victims, groups say
‘INTERNATIONAL COURT NECESSARY’
The OSG noted that Dela Rosa's lack of accountability has shown the necessity of the intervention of an international court.
“Sen. Dela Rosa insists that only Philippine courts may hold him to account. Yet it was precisely the prolonged absence of accountability within domestic institutions that compelled victims and their families to seek refuge before the ICC,” it also said.
The government added that despite being charged of crimes “alleged to have struck at the conscience of humanity itself,” Dela Rosa “remained beyond the reach of prosecution and insulated by power.”
The SC extending another relief to Dela Rosa would send a message “that its protections are strongest for the powerful, and weakest for those who are now dead,” the OSG also said.
It has been confirmed that Dela Rosa left the Senate premises at around 2:30 a.m. Thursday, despite being under protective custody.
Dela Rosa left the chamber hours after gunshots were heard, which some alleged was used as a “diversion tactic” to cover his “escape.”
Duterte, who has been at the ICC detention facility since his arrest March last year, is set to face a full trial before the international tribunal.
“The law was never intended to provide an excuse for evasion, nor to become a weapon wielded only by those with power. It exists so that even the voiceless dead, whose cries never reached a courtroom, are not forgotten by justice,” OSG said.
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