THE Supreme Court (SC) has denied the petition of embattled Senator Ronald “Bato” Dela Rosa for the issuance of a Temporary Restraining Order (TRO) against his arrest on the basis of the warrant issued by the International Criminal Court (ICC).
In a resolution dated May 25, 2026, the SC en banc said Dela Rosa’s petition failed to show the confluence of the following elements for a writ of preliminary injunction:
*the applicant must have a clear and unmistakable right to be protected, that is, a right in esse;
*there is a material and substantial invasion of such right;
*there is an urgent need for the writ to prevent irreparable injury to the applicant; and
*no other ordinary, speedy, and adequate remedy exists to prevent the infliction of irreparable injury.
“A TRO is issued only if the matter is of such extreme urgency that grave injustice and irreparable injury will arise unless it is issued immediately. Senator Dela Rosa has the burden of proof to show that there is a meritorious ground for the issuance of a TRO in his favor. This, he failed to do,” the ruling read.
The SC said that while Dela Rosa’s constitutional rights to liberty, freedom from unreasonable seizure, and due process are fundamental, his right not to be surrendered, transferred, rendered, or removed from Philippine territory, and the effective exercise of legislative functions are questionable.
“The right to liberty is not absolute. Seizure or arrest is not unlawful when made pursuant to a lawful order of a court with competent jurisdiction. Likewise, the right to due process is satisfied when the process or proceedings comply with the law of the land,” it added.
The SC said there is no material and substantial invasion of Dela Rosa's rights noting he was given protective custody by the Senate when the National Bureau of Investigation personnel tried to serve his arrest warrant from the ICC.
It also noted the pronouncement of President Ferdinand Marcos Jr. that there was no instruction given to any law enforcement agency to arrest Dela Rosa.
The ruling said Dela Rosa's claim of invasion of his purported rights is “more imagined than real.”
“For these reasons, Senator Ronald Dela Rosa's application foR the issuance of a temporary restraining order or a status quo ante order is denied for lack of merit,” the SC ruled. (TPM/SunStar Philippines)