MANILA — The legal battle over the International Criminal Court’s (ICC) arrest warrant against Sen. Ronald “Bato” Dela Rosa is far from over, his lawyers said, stressing that the Supreme Court has yet to resolve the constitutional questions surrounding the enforcement of the warrant in the Philippines.
In a statement issued Thursday, the law firm Torreon and Partners emphasized that the Supreme Court En Banc only denied Dela Rosa’s request for a temporary restraining order (TRO) and status quo ante order, but did not rule on the substantive constitutional issues raised in his petition.
“We respect the Honorable Court’s action on the application for interim relief. At the same time, it must be emphasized, with equal clarity, that the Supreme Court itself has stated that it acted only on the prayers for provisional relief,” the lawyers said.
The camp of Dela Rosa argued that the central issue remains whether Philippine authorities can allow a Filipino citizen to be subjected to what they described as a “foreign process” without intervention from Philippine courts.
“The main case remains alive. The constitutional questions remain squarely before the Supreme Court — and those questions are grave: whether the liberty of a Filipino may be placed at the mercy of a foreign process without the intervention of a Philippine court,” the statement read.
The legal team also questioned whether Philippine authorities may enforce or cooperate with international criminal proceedings after the country’s withdrawal from the Rome Statute, the treaty that created the ICC.
According to the lawyers, the case extends beyond Dela Rosa and could affect constitutional protections and national sovereignty.
“Dela Rosa’s case concerns the right of every Filipino to be protected by Philippine law, by Philippine courts, and by the guarantees of due process, liberty, and sovereignty enshrined in the Constitution,” the legal team said.
The lawyers added that they would seek reconsideration of the ruling and continue pursuing all legal remedies available.
“We will exhaust every remedy available under law. We will continue to appear before every proper forum, at every stage of this litigation, with full respect for the Court and with full fidelity to the Constitution,” they added.
The Supreme Court En Banc earlier voted 9-5-1 to deny Dela Rosa’s plea seeking to stop the implementation of the ICC arrest warrant.
However, the high court clarified that it has not yet resolved the main constitutional issues raised in the petition.
The ICC earlier confirmed that its Pre-Trial Chamber I issued an arrest warrant against Dela Rosa on Nov. 6, 2025 over crimes against humanity allegations tied to killings during former president Rodrigo Duterte’s anti-drug campaign.
Dela Rosa, who served as Philippine National Police chief during the height of the drug war, has remained out of public view since May 14 after briefly resurfacing at the Senate days earlier./PN
