The Department of Justice (DOJ) is holding off on any action regarding a possible International Criminal Court (ICC) warrant for Senator Ronald “Bato” M. Dela Rosa, pending the Supreme Court’s (SC) ruling on petitions challenging the March 11 arrest of former President Rodrigo Duterte.
On the afternoon of March 11, Duterte and Dela Rosa jointly filed a petition with the SC seeking a temporary restraining order (TRO) or a writ of preliminary injunction to halt Duterte’s arrest.
Subsequently, Duterte’s children also filed several petitions with the SC, opposing both the arrest and the former president’s turnover to The Hague in the Netherlands, where he is currently detained on charges of crimes against humanity related to the war on drugs during his tenure as Davao City mayor and the early years of his presidency.
All petitions remain pending before the high court.
“What we are simply saying is that, as far as the department is concerned, we would opt to have that resolution from the Supreme Court so that, once and for all, it could be decided whether the initial course of action taken by the government in March was correct—or if there is another legal path to consider,” DOJ Prosecutor General Richard Anthony D. Fadullon said during a press briefing on Tuesday, Nov. 11.
“If the court says it’s extradition, then we will have to abide by the ruling of the Supreme Court,” Fadullon said.
Fadullon was part of government authorities who took custody of Duterte on March 11 based on the arrest warrant issued by the ICC and coursed through the International Criminal Police Organization (Interpol).
“But since the petitioner in that particular case is Sen. Bato Dela Rosa himself, we find it best that we also wait for the resolution of the Supreme Court on the matter,” he added.
He also said that the DOJ has been following up from the SC as to when the resolution on the matter will be released.
“Now, we have been told to just wait,” said Fadullon who added: “It’s just a matter of time before the Supreme Court probably would come up with its own resolution.”
In the meantime, Fadullon said “we’re still studying the legal options that are available to the State as far as implementing the warrant, if issued, and how it should be implemented.”
DOJ Chief State Counsel Dennis Arvin L. Chan pointed out that under Republic Act (RA) No. 9851, the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, “the State has two options available to it, and these are extradition or surrender.”
Of the two options, Chan said “surrender” is the faster and more practical choice.
Chan explained that the extradition process could take months since it will undergo DOJ evaluation and court hearings before determining whether the extradition request should be granted or not.
“Whereas surrender, very definitely, shortens the process time,” he also said.
Thus, he pointed out: “The State is seriously studying all options available to it. We are not closing the door on extradition or surrender per se.”
The DOJ conducted the briefing in response to reports that the ICC has issued an arrest order against Dela Rosa.
Fadullon said that the arrest order, if issued by the ICC, has to be coursed through the Department of Foreign Affairs and copies sent to the Philippine Center for Transnational Crimes (PCTC).
“Then that’s the only time transmitals would be made to the relevant agencies or law enforcement agencies directed to implement,” he added.
Though Dela Rosa previously said that he will seek Senate protection if the ICC arrest order will be issued, Fadullon reminded: “There is no such thing as immunity even if you are a legislator.”
“Now, of course, there are certain restrictions. If the penalty is more than six years and one day then the same cannot be implemented during the time when the Congress is in session,” he said.
“But certainly, there is no restriction as to the arrest if for example they are on recess,” he added. (Jeffrey Damicog)
