Dela Rosa seeks supreme court help to block ICC arrest

Senator Ronald “Bato” dela Rosa has filed an urgent plea with the Supreme Court to prevent his potential arrest by the International Criminal Court. The move comes amid unconfirmed reports of an ICC warrant, following the recent detention of former President Rodrigo Duterte. Dela Rosa argues that any such action would violate Philippine sovereignty and due process.

In a 25-page 'very urgent manifestation' submitted to the Supreme Court on November 13, 2025, Senator Ronald “Bato” dela Rosa, through counsel Israelito Torreon, requested a temporary restraining order (TRO) or writ of preliminary injunction. This is to shield him from 'illegal arrest or surrender to a foreign court without due process,' amid reports of an impending ICC arrest linked to the drug war's extrajudicial killings.

The filing references the March 11, 2025, arrest and transfer of former President Rodrigo Duterte to the ICC's detention facility in The Hague, which Dela Rosa claims occurred without judicial order or extradition warrant, defying constitutional limits. Both Duterte and dela Rosa are petitioners in a pending certiorari petition challenging the legality of Duterte's arrest and ongoing Philippine cooperation with the ICC.

'Unless restrained, the respondents may again invoke “international cooperation” or “comity” to justify actions similar to the March 11, 2025 arrest and transfer of former President (Rodrigo) Duterte,' the manifestation states. It urges the court to 'assert its constitutional role as final arbiter... and to prevent another constitutional breakdown that would erode the very notion of Philippine sovereignty.'

Dela Rosa also seeks injunctions against any ICC surrender requests, government assistance to ICC witnesses via the Department of Justice's Witness Protection Program under Republic Act No. 6981, and transmission of ICC communications through official channels. The program, he argues, is limited to Philippine jurisdiction and does not extend to foreign tribunals.

The plea follows Ombudsman Jesus Crispin Remulla's November 8, 2025, radio statement claiming an ICC arrest warrant exists, though he later clarified possessing only an 'unofficial copy' from a third-party source. Agencies including the Department of Justice, Department of Foreign Affairs, and Department of the Interior and Local Government report no official warrant or Interpol Red Notice received. In a separate motion, dela Rosa asked the court to compel Remulla to submit the document, explain its acquisition, and provide certifications from relevant agencies within 72 hours.

'Remulla’s possession of an “unofficial but existing” warrant creates public confusion, legal uncertainty, and a chilling effect on the constitutional rights of petitioners,' the motion reads.

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