NATIONAL
Advocates Philippines
OSG Urges SC To Junk Bato Plea Against ICC Arrest
Photo credit: Senate PH
Government lawyers have asked the Supreme Court to dismiss the petitions filed by Senator Ronald dela Rosa seeking protection from possible arrest and surrender to the International Criminal Court over alleged crimes against humanity tied to the Duterte administration’s anti-drug campaign.
In an 83-page comment submitted to the Supreme Court En Banc on May 16, the Office of the Solicitor General argued that Dela Rosa’s urgent motions “lack merit” and should be denied. The filing was made in connection with G.R. No. 278747, the petition filed by former president Rodrigo Duterte and Dela Rosa against Executive Secretary Lucas Bersamin and other government officials.
The OSG strongly pushed back against Dela Rosa’s request for judicial protection, saying the senator cannot seek the protection of the law while allegedly evading lawful processes.
“Senator Dela Rosa’s position is akin to a person demanding the protection of the law while refusing to submit to its most basic commands. The rule of law cannot survive if obedience to legal process becomes optional for the powerful,” the OSG stated in its filing.
The government lawyers also argued that Dela Rosa’s recent actions suggested attempts to avoid arrest and accountability. The filing stressed that “the country will never become a sanctuary for impunity,” while maintaining that Philippine authorities may legally cooperate with ICC proceedings under Republic Act No. 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity.
Dela Rosa earlier asked the High Court to issue a temporary restraining order, writ of preliminary injunction, or status quo ante order that would prevent his arrest, detention, transfer, or surrender in connection with ICC proceedings without prior authorization from Philippine courts. He also questioned whether ICC warrants could automatically be enforced in the country following the Philippines’ withdrawal from the Rome Statute in 2019.
The Supreme Court previously ordered government respondents to submit their comments within a non-extendible 72-hour period but did not immediately grant Dela Rosa’s request for a TRO.
The respondents named in the petition include Interior Secretary Jonvic Remulla, Justice Secretary Jesus Crispin Remulla, former Philippine National Police chief Nicolas Torre III, and AFP Chief Romeo Brawner Jr.
The OSG filing also referenced controversial remarks previously attributed to Dela Rosa during the height of the anti-drug campaign, including the statement: “If someone fights back, they’ll die. If nobody fights back, we’ll make them fight back. Produce blood. Instill fear.”
The legal battle comes amid intensifying political tensions surrounding the ICC investigation into thousands of killings linked to Duterte’s war on drugs. Reports earlier stated that the ICC had issued an arrest warrant against Dela Rosa for alleged crimes against humanity connected to the anti-drug crackdown carried out while he served as Philippine National Police chief.
Dela Rosa has repeatedly denied wrongdoing and insisted that anti-drug operations conducted under his leadership were legitimate law enforcement actions. Meanwhile, ICC prosecutors continue their investigation into alleged extrajudicial killings committed during the campaign.
In an 83-page comment submitted to the Supreme Court En Banc on May 16, the Office of the Solicitor General argued that Dela Rosa’s urgent motions “lack merit” and should be denied. The filing was made in connection with G.R. No. 278747, the petition filed by former president Rodrigo Duterte and Dela Rosa against Executive Secretary Lucas Bersamin and other government officials.
The OSG strongly pushed back against Dela Rosa’s request for judicial protection, saying the senator cannot seek the protection of the law while allegedly evading lawful processes.
“Senator Dela Rosa’s position is akin to a person demanding the protection of the law while refusing to submit to its most basic commands. The rule of law cannot survive if obedience to legal process becomes optional for the powerful,” the OSG stated in its filing.
The government lawyers also argued that Dela Rosa’s recent actions suggested attempts to avoid arrest and accountability. The filing stressed that “the country will never become a sanctuary for impunity,” while maintaining that Philippine authorities may legally cooperate with ICC proceedings under Republic Act No. 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity.
Dela Rosa earlier asked the High Court to issue a temporary restraining order, writ of preliminary injunction, or status quo ante order that would prevent his arrest, detention, transfer, or surrender in connection with ICC proceedings without prior authorization from Philippine courts. He also questioned whether ICC warrants could automatically be enforced in the country following the Philippines’ withdrawal from the Rome Statute in 2019.
The Supreme Court previously ordered government respondents to submit their comments within a non-extendible 72-hour period but did not immediately grant Dela Rosa’s request for a TRO.
The respondents named in the petition include Interior Secretary Jonvic Remulla, Justice Secretary Jesus Crispin Remulla, former Philippine National Police chief Nicolas Torre III, and AFP Chief Romeo Brawner Jr.
The OSG filing also referenced controversial remarks previously attributed to Dela Rosa during the height of the anti-drug campaign, including the statement: “If someone fights back, they’ll die. If nobody fights back, we’ll make them fight back. Produce blood. Instill fear.”
The legal battle comes amid intensifying political tensions surrounding the ICC investigation into thousands of killings linked to Duterte’s war on drugs. Reports earlier stated that the ICC had issued an arrest warrant against Dela Rosa for alleged crimes against humanity connected to the anti-drug crackdown carried out while he served as Philippine National Police chief.
Dela Rosa has repeatedly denied wrongdoing and insisted that anti-drug operations conducted under his leadership were legitimate law enforcement actions. Meanwhile, ICC prosecutors continue their investigation into alleged extrajudicial killings committed during the campaign.
May 17, 2026
We are dedicated storytellers with a passion for bringing your brand to life. Our services range from news and media features to brand promotion and collaborations.
Interested? Visit our
Contact Us page for more information. To learn more about what we offer, check out our latest article on services and opportunities.
