 sought by fugitive Sen. Ronald “Bato” Dela Rosa.){kind=link}
THE SUPREME COURT ruled to deny the temporary restraining order (TRO) sought by fugitive Sen. Ronald “Bato” Dela Rosa in relation to the arrest warrant issued by the International Criminal Court (ICC) for the crimes against humanity during the previous administration’s bloody war against drugs.
The SC denied Dela Rosa’s TRO plea by a vote of 9–5-1 (9 in favor and 5 against and 1 abstention), making some legal luminaries opine that the ball is now in the hands of the Marcos administration – whether to have him arrested or otherwise.
In denying Dela Rosa’s petition, the SC explained 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.”
The question now is whether the administration will take the TRO denial as a cue to arrest Dela Rosa or will wait for all issues to be resolved before making a move, Rappler noted.
A denial on the merits would have cleared the roadblock on implementing the ICC arrest warrant that stems from Dela Rosa’s crimes against humanity case.
The ICC pre-trial chamber had found reasonable grounds that Dela Rosa, a former Davao City police chief and chief of the Philippine National Police chief, was criminally liable for the alleged killings under the Davao Death Squad and as executor of Duterte’s war against drugs.
On May 15, the Department of Justice (DOJ) said it would only act on Dela Rosa’s warrant after all legal issues have been resolved by the SC.
Even before the ICC unsealed and confirmed its warrant on May 11, Dela Rosa sought TRO with the SC in November 2025 to block his potential arrest. He went into hiding for six months and only reappeared at the Senate on May 11 to support Sen. Alan Peter Cayetano’s power grab at the Senate.
Two days later, on May 13, the SC issued a resolution on Dela Rosa’s petition, asking the parties to file comments within 72 hours. The High Court, at that time, did not provide immediate relief for Dela Rosa because it withheld issuing a TRO.
As to whether the Marcos administration will have Dela Rosa arrested is yet unclear. As of writing, Dela Rosa is still in hiding, evading his ICC warrant.
In a statement, Dela Rosa’s lawyer, Israelito Torreon, said they will appeal the SC resolution that denied their TRO request.
“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,” Torreon said.
“The prayer for interim relief may have been denied, but we will file a motion for reconsideration because the case is not over,” he added.
PASSING THE BUCKET
Palace press officer, Undersecretary Claire Castro said the DOJ is in charge of answering all queries regarding the TRO on the arrest warrant of Dela Rosa. “Masasabi po natin ang warrant of arrest ay valid laban dito kay Senator Bato Dela Rosa.
But as to whether the President will enforce Republic Act No. 9851, the law that allows the government to surrender suspects to international courts, Castro said “Lahat ng operational matters, ibibigay po natin kay Justice Secretary (Fredderick) Vida.”
Responding to media queries at 4:26 pm on Wednesday, the DOJ only said “it’s now all up to Malacañang.”
“The [Office of the President] shall clarify details and make further pronouncements on the matter,” DOJ spokesperson Polo Martinez said.
Interior and Local Government Secretary Jonvic Remulla, who oversees the national police, earlier said the DOJ is the lead agency for the operation.
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.
DoJ Secretary Vida said that “only the Office of the President can make further pronouncements on the matter.”
“The OP shall clarify details and make further pronouncements on the matter,” Martinez added.
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 Atty. 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.
Meanwhile, the DILG chief said he is deferring to the DOJ, when asked if he would begin manhunt operations — “The SOJ (secretary of justice) is lead.”
Director Melvin Matibag of the National Bureau of Investigation refused to comment 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 NBI spokesman Palmer Mallari.
RULE OF LAW WINS
Former senator Richard Gordon hailed the high court’s decision as a “victory for the rule of law and accountability,” the Inquirer reported.
Gordon, principal sponsor of RA 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity, said “this landmark decision shows that accountability cannot simply be brushed aside by political power or influence.”
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 2025, the SC 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, tried to stop his arrest by filing with the SC a petition for certiorari and prohibition and for a TRO.
On 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.
Dela Rosa, who had been in hiding for six months, 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 a basis for arresting Dela Rosa,” said Sen. Sherwin Gatchalian. “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
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.