LAWYER Israelito Torreon reiterated earlier this week that Senator Ronald “Bato” dela Rosa cannot be arrested by the International Criminal Court (ICC) due to the Philippines’ lack of a domestic legal procedure for enforcing ICC surrender requests. Torreon emphasized that only the Supreme Court (SC) can resolve the constitutional issues surrounding the alleged warrant reportedly issued by the tribunal.
The clarification came as public discussions intensified over a supposed ICC arrest order linked to the former police chief’s role in the Duterte administration’s anti-drug campaign.
Challenging ‘selective invocation’ of the Rome Statute
Torreon opened his statement by calling out the alleged inconsistency among critics who, he said, freely invoke the Rome Statute when it favors their arguments while rejecting the same treaty when used in dela Rosa’s defense.
He pointedly remarked, stating, “Ang sabi mo, wala na bisa ang Rome Statute kung kami mag-invoke, pero di ba atat na atat kayo na ipahuli si Senator Bato based sa warrant of arrest ng ICC na nalikha dahil sa Rome Statute?”
Torreon argued that critics appear willing to apply the treaty one-sidedly, questioning “Ano yan, kung favor sa inyo pwede i-invoke ninyo, eh kung favor sa amin, hindi kami pwede mag-invoke?”
He further said this inconsistency reveals that the legal debate has become politicized rather than grounded in constitutional standards. He described the situation as “illogical,” stressing that legal principles cannot be applied selectively.
Petition seeks clarity, not new judicial powers
Torreon clarified that Senator dela Rosa’s petition before the Supreme Court does not seek the creation of new judicial rules or the expansion of the Court’s powers. Instead, the petition asks the SC to determine which branch of government has the constitutional authority to regulate the surrender of Filipinos to a foreign tribunal such as the ICC.
“What he is asking for is clarity… a judicial declaration of what the law already provides and, critically, which branch of government has the constitutional authority to regulate the surrender of Filipinos to a foreign tribunal,” he said.
He said dela Rosa merely seeks confirmation of a basic legal reality: the Philippines has no existing statutory procedure for ICC surrender, and the Supreme Court must decide whether Section 17 of R.A. 9851 still applies after the country’s 2019 withdrawal from the Rome Statute.
According to Torreon, this is a core constitutional question that cannot be left to executive agencies.
No Philippine law governing ICC surrender
Torreon stressed repeatedly that the Philippines lacks legislation authorizing arrest or surrender to the ICC, a requirement clearly observed by other nations cooperating with the tribunal. He explained that extradition has an existing legal basis under Presidential Decree 1069 and recently updated 2025 Extradition Rules, but ICC surrender has no equivalent framework.
He said the difference is crucial: extradition has laws and procedures, while ICC cooperation in the Philippines has none.
He noted that other countries enacted specific ICC cooperation laws, such as Germany’s ICC Cooperation Act, Canada’s Crimes Against Humanity and War Crimes Act, Austria’s Federal Law on Cooperation with the ICC, and the Netherlands’ ICC Implementation Act. Torreon said these examples prove that cooperation with the ICC requires “comprehensive domestic legislation, not judicial legislation.”
Constitutional safeguards cannot be bypassed
Torreon also warned that any attempt to act on a foreign arrest warrant without a Philippine judge personally determining probable cause would violate Article III, Section 2 of the Constitution.
He emphasized that the Constitution requires a judge, not a foreign tribunal to personally assess probable cause before any warrant may issue. Torreon warned that removing this safeguard is not a mere change in rules but may even require amending the Constitution.
Questions surround alleged ICC arrest warrant
Torreon said he has requested from Ombudsman Boying Remulla an official copy of the reported ICC arrest warrant, which he intends to submit to the Supreme Court once verified.
He admitted that he has heard multiple unconfirmed reports, noting, “Parang totoo na itong arrest warrant ata kasi marami nang nagsasabi sa akin, although hindi ko pa talaga ma-confirm.”
He reiterated that even if the Rome Statute’s Article 88 were still deemed applicable, which their camp disputes, the Philippines would still need its own procedures to enforce any ICC-related surrender. He explained that no such procedures currently exist.
Sen. Bato’s whereabouts unknown
Philippine National Police (PNP) acting chief LtGen. Jose Melencio Nartatez Jr. earlier revealed that the PNP has no information on dela Rosa’s current location, saying, “As of now, we don’t know about his whereabouts… Wala naman siyang warrant of arrest or basis for the arrest.”
Torreon echoed this uncertainty, saying he also does not know where the senator is at the moment. He clarified that dela Rosa is not evading authorities but is simply waiting for the Supreme Court to resolve the petition.
Call for the Supreme Court to preserve status quo
Torreon said their legal team has repeatedly asked the Supreme Court to issue a temporary restraining order (TRO) or injunction to prevent any government agency or foreign entity from acting on an alleged ICC warrant while the constitutional issues remain unresolved.
He stressed that only the Supreme Court can settle these matters.
“The status quo must be preserved because it is the Supreme Court that must first resolve these fundamental questions,” the attorney said.
He added that only after the Court issues its ruling can the government act “within the bounds of law, sovereignty, and due process,” underscoring that no executive agency may pre-empt the Court’s authority.
Torreon previously called Duterte ICC case ‘illegal’
Torreon has previously described the ICC case filed against former President Rodrigo Duterte, including actions during the “war on drugs” as illegal under Philippine law. He argued that because the Philippines withdrew from the Rome Statute in 2019, the tribunal no longer has jurisdiction over alleged crimes committed in the country.
In prior statements, Torreon emphasized that any ICC proceedings targeting Duterte’s administration must first be addressed through domestic legal frameworks, which, in his view, do not exist for surrender or prosecution of Filipino officials.
This position aligns with his current defense of Senator dela Rosa, asserting that the ICC cannot enforce arrest warrants without domestic legislation and constitutional compliance. DEF