MANILA, Philippines — As Sen. Ronald dela Rosa’s whereabouts remain unknown, the Supreme Court has rejected his petition for a temporary restraining order against his arrest on the strength of an International Criminal Court (ICC) warrant.
Voting 9-5-1, the Supreme Court justices denied yesterday Dela Rosa’s petition for a TRO and status quo ante order. The SC clarified, however, that it “only decided on the prayers for interim relief. The main issues raised by the parties in their pleadings and motions are yet to be resolved in the main case.”
In a press briefer, the SC said it would release its full resolution as well as the concurring and dissenting opinions of the justices on May 25.
Malacañang said the SC ruling proved that the ICC arrest warrant is valid.
“All possible interpretations and evaluations of the said resolution of the Supreme Court, we defer to (Justice) Secretary Fredderick Vida,” Presidential Communications Undersecretary Claire Castro said.
But sought for comment, Vida said that “only the Office of the President can make further pronouncements on the matter.”
His spokesman Polo Martinez said: “The OP shall clarify details and make further pronouncements on the matter.”
Asked whether the Palace now considers Dela Rosa a fugitive, Castro cited a previous statement from the Office of the Solicitor General (OSG) calling the senator a fugitive from justice whose arrest would not need clearance from a local court.
Dela Rosa, through his lawyer Israelito Torreon, will file a motion for reconsideration. “The fight for due process, constitutional sovereignty and the lawful protection of every Filipino under Philippine courts, continues,” Torreon said.
“For Senator Dela Rosa, this case is not merely personal. It concerns the right of every Filipino to be protected by Philippine law, Philippine courts and by the guarantees of due process, liberty and sovereignty enshrined in the Constitution,” he added.
Interior Secretary Jonvic Remulla said he is deferring to the Department of Justice (DOJ) when asked if he would begin manhunt operations. “The SOJ (secretary of justice) is lead,” Remulla said in a Viber message.
Sought for comment, National Bureau of Investigation (NBI) director Melvin Matibag said, “I don’t want to speculate,” as he has not seen the ruling yet.
“The NBI will have to see and study the resolution because first and foremost, only the interim relief was discussed,” said the bureau’s spokesman Palmer Mallari.
Victory for rule of law
Former senator Richard Gordon hailed the high court’s decision as a “victory for the rule of law and accountability.”
Gordon is the principal sponsor of the Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity or Republic Act 9851.
“This landmark decision shows that accountability cannot simply be brushed aside by political power or influence,” he said.
The respondents in Dela Rosa’s petition were the DOJ, Department of the Interior and Local Government (DILG), Department of Foreign Affairs (DFA), the Philippine National Police (PNP), the NBI, Bureau of Immigration (BI), Armed Forces of the Philippines (AFP) and the Criminal Investigation and Detection Group (CIDG).
In March last year, the high tribunal also rejected a last minute bid by former president Rodrigo Duterte to stop Philippine authorities from serving an ICC warrant.
After hours of standoff at the Ninoy Aquino International Airport, Duterte was eventually whisked off to a waiting private jet which brought him to The Hague to stand trial for crimes against humanity.
Torreon, who was also Duterte’s lawyer, had attempted to stop his arrest by filing with the SC a petition for certiorari and prohibition and for a TRO.
Last May 11, Torreon filed with the SC an extremely urgent supplemental manifestation with motion when NBI agents reportedly attempted to prevent Dela Rosa from entering the Senate’s session hall so they could arrest him.
The senator, after more than six months in hiding, suddenly surfaced at the session hall to help Sen. Alan Peter Cayetano take over the Senate presidency from Sen. Vicente Sotto III.
Under the leadership of Cayetano, Dela Rosa was placed under the Senate’s protective custody.
On May 13, a shooting incident – which turned out to have been started by the Senate sergeant-at-arms – triggered chaos at the Senate, giving Dela Rosa a chance to escape before dawn the following day.
“Without a TRO, it should be clear to law enforcement agencies that there is basis for arresting Dela Rosa,” Sen. Sherwin Gatchalian told reporters. “That’s what everybody’s waiting for – for the Supreme Court to issue a TRO or not.”
Lawmakers from the House of Representatives also welcomed the SC ruling. “The denial of the TRO petition should now compel law enforcement agencies to coordinate for the enforcement of the international warrant against Sen. Dela Rosa, consistent with the position of the Solicitor General,” Rep. Terry Ridon of party-list Bicol Saro said.
The three-man Makabayan bloc – Reps. Antonio Tinio (ACT Teachers), Renee Louise Co (Kabataan) and Sarah Jane Elago (Gabriela) – in a joint statement, said the ruling “affirms that attempts to block arrest through last-minute petitions and technical maneuvers should not be used to frustrate justice.”
Drug war victims’ kin: Arrest Bato
With the SC ruling, the families of drug war victims – represented by The Rise Up for Life and for Rights – are seeking Dela Rosa’s immediate arrest.
“The Marcos administration should not drag its feet in surrendering Bato to the ICC,” Llore Pasco, mother of victims Crisanto and Juan Carlos Lozano, said in Filipino.
“Now, Bato cannot use the Supreme Court as a shield for his cowardice,” she added.
Sally Ramos, mother of victim Cristeta Ramos, called out the Senate for even providing protective custody of Dela Rosa.
“They should be ashamed for providing protective custody to a criminal and fugitive. The Marcos administration is useless in holding Bato accountable for his role in Duterte’s drug war,” she added. - Neil Jayson Servallos, EJ Macababbad, Janvic Mateo, Delon Porcalla, Helen Flores