The Supreme Court has turned down Sen. Ronald “Bato” dela Rosa’s attempt to force Ombudsman Jesus Crispin Remulla to hand over what he claims is an International Criminal Court (ICC) arrest warrant against the senator. The tribunal opted instead to require government officials named in a separate pleading to formally respond within 10 days.
The senator submitted two filings on Nov. 12: an urgent motion demanding that Remulla be compelled to produce the supposed warrant, and a 25-page manifestation asking the Court to block any effort that could lead to what he described as an “illegal arrest or surrender to a foreign court without due process.” The latter sought either a temporary restraining order or a preliminary injunction.
According to the Supreme Court’s Office of the Spokesperson, the justices “denied the Very Urgent Motion seeking to compel the production of the alleged ICC warrant” and directed the respondents to comment on the manifestation “through personal service and filing, within a non-extendible period of 10 days from notice.”
Dela Rosa urged the Court to take judicial notice of Remulla’s public remarks and to order both the Department of Justice and the Department of Foreign Affairs to issue certifications confirming whether any ICC warrant or communication exists. On One News’ “Storycon,” Remulla asserted that he already has the warrant, adding that the “official copy would be released in time,” though he refused to say how he obtained it.
ICC arrest orders are not released to the public, and Interpol’s newer protocols keep them confidential until enforcement is complete.
In his motion, Dela Rosa also asked that Remulla be compelled to submit a sworn explanation detailing how he acquired the alleged document, including its source and the authority under which it was obtained. He likewise asked the Court to prevent the government from forwarding any ICC-related correspondence while his case remains unresolved, from helping enforce any ICC action against him, or from assisting witnesses connected to the tribunal.
Former president Rodrigo Duterte, detained in The Hague since March 11 over charges linked to drug war killings, is listed as a petitioner in the manifestation alongside Dela Rosa. The senator’s lawyer, Israel Torreon, said they intend to pursue reconsideration of the Court’s denial. “As a lawyer and an officer of the court, he should be made to explain as to why he has a copy of the alleged warrant, from whom he secured the same and under what authority was his source able to secure a copy of the warrant,” Torreon said.
A separate request from Duterte’s youngest daughter, Veronica “Kitty” Duterte, is also pending before the Court. Her 26-page motion seeks swift action on consolidated habeas corpus petitions filed in March by her and her brothers — Davao City Mayor Sebastian Duterte and Davao City 1st District Rep. Paolo Duterte — shortly after their father’s arrest.
Her filing argued that the prolonged wait contradicts the purpose of habeas corpus and risks eroding confidence in the judiciary. “Petitioner implores this Honorable Court to exercise similar resolve here to ensure that constitutional violations do not go unremedied or unpunished, even if the ruling could influence the country’s political landscape,” the motion stated.
Kitty claimed her father’s condition could worsen without immediate relief and warned of the consequences of inaction. She said urgent intervention would prevent “the further deterioration” of the former president’s health and described the possibility of his passing abroad as a national humiliation. “At bare minimum, urgent judicial relief will spare the nation the ignominy of having a beloved former president – expelled from his homeland without due process of law – suffer an undignified death in the custody of his foreign captors, with this Honorable Court not lifting a finger to intervene,” the motion said.
Her camp further argued that the petitions must be granted to hold accountable those involved in what she called her father’s “extralegal rendition” and to avert future violations of liberty. She pointed to reports of an ICC warrant for Dela Rosa and cited the Department of Justice’s statement that the government would be obligated to enforce such a directive and could ultimately choose to extradite or surrender him to the ICC.
