NATIONAL
Advocates Philippines
SC Denies TRO Bid In Duterte-Bato ICC Case
FILE
The Supreme Court has denied Senator Ronald dela Rosa’s request for a temporary restraining order (TRO) that sought to stop Philippine authorities from cooperating with any possible International Criminal Court (ICC) actions, including arrest-related processes.
In a 9-5-1 vote, the High Court rejected the plea for immediate relief in G.R. No. 278747, a petition filed by former president Rodrigo Roa Duterte and dela Rosa against Executive Secretary Lucas Bersamin and other government officials.
The TRO request asked the Court to block any government participation in ICC-related proceedings, including potential coordination with Interpol or foreign authorities, and to prevent any arrest or transfer of custody without a Philippine court-issued warrant.
However, the Supreme Court ruled that the petitioners failed to meet the legal requirements for the issuance of a temporary restraining order, which is considered an extraordinary remedy granted only when there is a clear and urgent need to prevent irreparable harm.
With the denial, the Court allowed government actions to proceed without interim restriction while the main petition remains pending.
The ruling, however, does not resolve the broader constitutional questions raised in the case, including issues on the Philippines’ obligations following its withdrawal from the Rome Statute and the extent of cooperation allowed with the ICC.
Several justices issued separate opinions reflecting differing views on the matter.
Senior Associate Justice Marvic Leonen, Associate Justice Alfredo Benjamin Caguioa, Associate Justice Maria Filomena Singh, and Associate Justice Rodil Zalameda issued concurring opinions supporting the denial of the TRO.
Meanwhile, Associate Justices Ramon Paul Hernando, Amy Lazaro-Javier, Henri Jean Paul Inting, Ricardo Rosario, and Antonio Kho Jr. expressed dissent, arguing for a different approach to the request for interim relief.
The Supreme Court emphasized that its ruling applies only to the TRO request and not to the merits of the main petition, which remains under deliberation.
The case has drawn national attention due to ongoing questions surrounding ICC investigations into the Duterte administration’s war on drugs, where former president Duterte is facing proceedings abroad and dela Rosa has been linked in reports to possible international legal action.
For now, the denial of the TRO means there is no Supreme Court order preventing the government from engaging with ICC-related processes, but the final outcome of the case could still significantly shape the country’s legal stance on international criminal cooperation.
In a 9-5-1 vote, the High Court rejected the plea for immediate relief in G.R. No. 278747, a petition filed by former president Rodrigo Roa Duterte and dela Rosa against Executive Secretary Lucas Bersamin and other government officials.
The TRO request asked the Court to block any government participation in ICC-related proceedings, including potential coordination with Interpol or foreign authorities, and to prevent any arrest or transfer of custody without a Philippine court-issued warrant.
However, the Supreme Court ruled that the petitioners failed to meet the legal requirements for the issuance of a temporary restraining order, which is considered an extraordinary remedy granted only when there is a clear and urgent need to prevent irreparable harm.
With the denial, the Court allowed government actions to proceed without interim restriction while the main petition remains pending.
The ruling, however, does not resolve the broader constitutional questions raised in the case, including issues on the Philippines’ obligations following its withdrawal from the Rome Statute and the extent of cooperation allowed with the ICC.
Several justices issued separate opinions reflecting differing views on the matter.
Senior Associate Justice Marvic Leonen, Associate Justice Alfredo Benjamin Caguioa, Associate Justice Maria Filomena Singh, and Associate Justice Rodil Zalameda issued concurring opinions supporting the denial of the TRO.
Meanwhile, Associate Justices Ramon Paul Hernando, Amy Lazaro-Javier, Henri Jean Paul Inting, Ricardo Rosario, and Antonio Kho Jr. expressed dissent, arguing for a different approach to the request for interim relief.
The Supreme Court emphasized that its ruling applies only to the TRO request and not to the merits of the main petition, which remains under deliberation.
The case has drawn national attention due to ongoing questions surrounding ICC investigations into the Duterte administration’s war on drugs, where former president Duterte is facing proceedings abroad and dela Rosa has been linked in reports to possible international legal action.
For now, the denial of the TRO means there is no Supreme Court order preventing the government from engaging with ICC-related processes, but the final outcome of the case could still significantly shape the country’s legal stance on international criminal cooperation.
May 25, 2026
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