Several families of drug war victims urged the government to cooperate with the International Criminal Court (ICC) and ensure the arrest and surrender of Senator Ronald “Bato” Dela Rosa following reports of an alleged arrest warrant filed against him.

In a statement, Rise Up for Life and for Rights said they have “long been waiting for the day when Duterte’s co-perpetrators would be arrested and detained at the ICC,” calling Dela Rosa a “true-blue DDS.”

“Dela Rosa played a role in replicating and expanding the ‘Davao Death Squad’ model to the national level when he became the head of the Philippine National Police under President Duterte,” the statement added. 

“Deserve ni Bato na makasama si Duterte sa kulungan. Gaya ng kanyang amo, walang awang ipinag-utos ni Bato ang pagpatay sa aming mga mahal sa buhay,” said Llore Pasco, whose two sons were killed in anti-drug operations. 

Jane Lee, whose husband was killed during the tokhang operations, added, “Lahat kami umaasa at hindi nawawalan ng pag-asa na ang pinaka-mastermind hanggang sa kanyang mga galamay ay makulong.”

Calling on the Senate not to block the arrest, the group said that “the Senate cannot be the refuge of criminals and rights violators, mass murderers, and the corrupt alike.”

Dela Rosa, a known Duterte ally, served as the PNP chief during the drug war, which, according to government records, killed around 6,200 drug suspects, while human rights groups claim that the number may have reached 30,000.

Last March 11, a day after Duterte’s arrest, Dela Rosa said he was “ready to join” Duterte in The Hague and “take care” of him.

ICC ‘cannot confirm’ arrest warrant vs Bato 

Following reports of the alleged arrest warrant against Dela Rosa, the ICC clarified that it “cannot confirm such news.”

According to ICC spokesperson Fadi El Abdallah, information about ICC-related matters, such as arrest warrants, can only be found on its official communication channels and press releases.

“You could see that only one case to date has been opened — against Mr. Duterte,” said El Abdallah.

This came after Justice Secretary Jesus Crispin Remulla, on November 8, claimed that the ICC had issued a warrant of arrest against the former top cop turned lawmaker, saying he had it on “good authority,” in an interview with DZRH.

Neither the Department of Justice (DOJ) nor the Department of Foreign Affairs (DFA) said they had received any notice of an arrest warrant from the International Criminal Court.

Dela Rosa’s camp also said it has yet to receive official information about the alleged warrant of arrest.

DOJ to extradite, surrender Dela Rosa should ICC issue arrest warrant 

Meanwhile, Prosecutor General Richard Anthony Fadullon said the Philippines will comply with the ICC should a warrant materialize, noting that the DOJ will give due regard to the Supreme Court’s ruling.

“We would probably have to wait or we would prefer to await the resolution of the Supreme Court,” Fadullon said. 

On the other hand, DOJ Chief State Counsel Dennis Arvin Chan noted that under Republic Act No. 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, the Philippine government has both extradition and surrender options.

“Theoretically speaking, the faster approach would be surrender because if we go through extradition route, there will be a request for extradition coming in through the Deparment of Foreign Affairs. It will be transmitted to the DOJ for evaluation. We will file it in the proper trial court,” Chan said. 

When it comes to surrendering Dela Rosa, Chan said they are still considering the pending consolidated petition for a writ of habeas corpus filed by former President Rodrigo Duterte’s children, Sebastian and Veronica Duterte, before the Supreme Court.

Chan also noted that even if the Philippines is no longer part of the ICC, the “principle of reciprocity” still applies, which might prompt the government to comply.

“Even [if] we may not be part of the ICC anymore, there is still that principle of reciprocity that governs between relations among nations and in fact, reciprocity and comity, so while legally hindi tayo ma-compel ay meron din tayong tinitimbang on the diplomatic implication.” 

Sotto to protect Dela Rosa within Senate premises

Senate President Vicente “Tito” Sotto III, on November 8, said that the upper chamber will not allow the arrest of a senator within its premises to “preserve the dignity of the Senate” and as a “matter of institutional courtesy.”

However, Sotto clarified, “Outside the Senate premises, that’s no longer our concern.”

To recall, earlier this year, Dela Rosa sought temporary Senate protection when he faced the possibility of arrest as the ICC ordered Duterte’s arrest.

“Hanggat kaya nga niya, hanggat kaya ng Senate president na kupkupin niya muna ko. Hindi niya muna ko i-surrender kung may warrant of arrest, kung na may session kami,” Dela Rosa said in a phone interview, referring to then-Senate president Francis “Chiz” Escudero.

Under Section 11 of Article VI of the 1987 Constitution, lawmakers are granted certain protections against arrest while Congress is in session, considering that the offense is not punishable by “not more than six years imprisonment.”

 Fadullon reminded, however, that “there is no such thing as immunity even if you are a legislator,” adding that while Dela Rosa may enjoy privilege when Congress is in session, there can be no restrictions on arrest if it is in recess.