Lawyers representing former President Rodrigo Duterte and Senator Ronald “Bato” dela Rosa have urgently asked the Supreme Court to intervene following a confrontation inside the Senate between National Bureau of Investigation (NBI) agents and Dela Rosa, allegedly in connection with an arrest warrant issued by the International Criminal Court (ICC).
Urgent Motion Filed
In a 28-page “Extremely Urgent Supplemental Manifestation with Motion” submitted to the Supreme Court En Banc, the law firm Torreon and Partners sought immediate action on pending petitions that seek protection against any arrest, detention, transfer, or surrender of Dela Rosa to a foreign tribunal without authorization from Philippine courts.
The motion stems from events on May 11, when NBI agents allegedly attempted to prevent Dela Rosa from entering the Senate Session Hall amid reports that the ICC had issued an arrest warrant against him for crimes against humanity linked to the Duterte administration’s anti-illegal drug campaign.
Confrontation During Senate Session
According to the filing, the incident occurred during an active Senate session and shortly after Dela Rosa’s camp had filed an urgent plea before the Supreme Court seeking judicial guidance on the alleged ICC warrant and injunctive relief against a possible arrest.
Petitioners argued that the NBI’s actions interfered with the operations of a coequal branch of government. “What occurred was not ordinary law enforcement,” Torreon and Partners said, describing the incident as an “attempted warrantless arrest” inside Senate premises. They emphasized that no law enforcement agency could prevent a sitting senator from attending legislative proceedings without a warrant issued by a Philippine court.
Dela Rosa reportedly sustained injuries during the confrontation after operatives blocked his entry into the session hall.
Legal Basis Cited
The motion cited Article 145 of the Revised Penal Code, which penalizes acts that prevent members of Congress from attending sessions or performing legislative duties by means of force, intimidation, or threats. The camp argued that the incident demonstrated the threat of arrest against Dela Rosa was “real, actual, and immediate.”
The filing also questioned the reported presence of former Senator Antonio Trillanes IV inside the Senate, carrying what he allegedly described as a copy of the ICC arrest warrant against Dela Rosa. Lawyers for Duterte and Dela Rosa argued that Trillanes, as a private citizen, had no authority to implement or enforce any foreign tribunal process within Philippine territory.
No Automatic Effect of ICC Warrant
“An ICC warrant is not a warrant issued by a Philippine judge,” the lawyers stressed, maintaining that even if the ICC warrant were authentic, it would still have no automatic legal effect in the Philippines without corresponding judicial proceedings before local courts. They argued that no Filipino could be arrested, detained, transferred, or surrendered to an international tribunal without due process and lawful domestic authority.
Background of the Case
The case is part of the broader ICC investigation into alleged crimes against humanity linked to Duterte’s anti-drug campaign. The ICC earlier confirmed that its Pre-Trial Chamber I issued a confidential arrest warrant against Dela Rosa in November 2025 before later unsealing it.
Dela Rosa, who served as Philippine National Police chief during Duterte’s anti-drug campaign, has repeatedly denied involvement in extrajudicial killings and questioned the ICC’s jurisdiction over the Philippines following the country’s withdrawal from the Rome Statute in 2019.
The controversy intensified after Dela Rosa returned to the Senate on May 11 following months of absence. Media reports showed tense scenes inside the Senate complex after NBI agents and Trillanes reportedly appeared at the premises amid speculation over the ICC warrant. CCTV footage later circulated online, allegedly showing Dela Rosa rushing into the Senate building while agents pursued him.
Senate Leadership Changes
The incident also coincided with leadership changes in the Senate, where Alan Peter Cayetano replaced Tito Sotto as Senate president. Following the confrontation, the Senate was briefly placed on lockdown while Dela Rosa was reportedly placed under Senate protective custody.
The Philippine National Police later clarified that any implementation of an ICC warrant would still undergo legal processes under Philippine law, while justice officials said the Department of Justice had yet to receive an official copy of the alleged warrant.
Despite the developments, Dela Rosa said he would exhaust all legal remedies to block any arrest and possible transfer to The Hague.
