Senator Ronald "Bato" Dela Rosa remains subject to a valid arrest warrant from the International Criminal Court (ICC), according to a Cebuano lawyer accredited before the tribunal. However, enforcement of the warrant in the Philippines hinges on cooperation from the Marcos administration and local law enforcement agencies, the counsel clarified.
Senate Lockdown and Gunfire Incident
The statement came after a chaotic night at the Senate building on May 13, 2026, where Dela Rosa had been sheltering. Gunfire erupted amid heightened security, prompting a lockdown and public concern. Supporters of Dela Rosa speculated that authorities might attempt to arrest him after he failed to secure a temporary restraining order (TRO) from the Supreme Court earlier that day. Instead, the Court ordered government officials to comment on his petition.
Legal Validity of the Warrant
Speaking with caution due to the sensitive nature of the issue, ICC-accredited counsel Victor Villagonzal emphasized that the warrant remains effective despite the Senate incident. "The warrant is deemed valid," he said in an interview. He added that the events of May 13 do not affect the ICC process against the senator, even as gunshots were reported within or near the Senate premises in Pasay City.
ICC Jurisdiction Over the Philippines
Dela Rosa has repeatedly rejected the ICC's authority, arguing that the tribunal lost jurisdiction after the Philippines withdrew from the Rome Statute in 2019. However, Villagonzal noted that the ICC has already ruled on this issue in previous cases involving former President Rodrigo Duterte. "As to jurisdiction, we may refer to the ICC ruling with Duterte," he said. The ICC determined that it retains jurisdiction over crimes allegedly committed while the Philippines was still a state party, particularly incidents before the withdrawal took effect in March 2019.
Enforcement Depends on Political Cooperation
Villagonzal explained that ICC arrest warrants are generally enforceable internationally, but actual implementation in the Philippines depends heavily on the position of Malacañang and local law enforcement. "The ICC warrant of arrest is practically enforceable anywhere," he stated, but clarified that "enforcement depends on the cooperation of the head of state where the warrant is to be implemented." He cited ICC-related situations involving Russia and Israel as examples. Local enforcement would likely involve coordination between the Philippine government and the Philippine Interpol office.
Dela Rosa's Legal Options and Resistance
The National Bureau of Investigation (NBI) previously attempted but failed to serve the warrant on May 11, 2026, when Dela Rosa returned to the Senate after a six-month absence. According to Villagonzal, refusal or resistance does not weaken the ICC case. "Such a refusal does not affect the merits of the case against any respondent," he said. However, he acknowledged that Dela Rosa has the right to exhaust all legal remedies under Philippine law. "As to Senator Bato's right of availing all legal remedies, that is his option," Villagonzal added. He noted that the Senate incident could trigger constitutional and legal debates from both supporters and critics of the ICC process.
Background of the ICC Investigation
The ICC investigation covers alleged crimes against humanity linked to thousands of killings during Duterte's anti-drug campaign, which drew international condemnation over extrajudicial killings and police abuses. Dela Rosa, as former Philippine National Police chief, was a key architect of the campaign. He has consistently maintained that the operations were legitimate law enforcement actions and denied systematic abuses.
