The Department of Justice (DOJ) has maintained its stance that the Philippine government has the legal authority to surrender an arrested individual to the International Criminal Court (ICC). This position was reiterated by Justice spokesperson Polo Martinez during a press conference on Wednesday, May 13, 2026.
Legal Basis Under RA 9851
Martinez cited the provisions of Republic Act 9851, also known as the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity. “Same position. Under RA 9851, we may surrender a suspected or arrested person in the Philippines to the appropriate international court or tribunal. The other mode is extradition,” he stated.
Extradition Process
The extradition proceedings require a local court order to authorize the surrender of the extraditee to the requesting state, which in this case is the ICC. The court process would be initiated by a petition for extradition from the ICC, even though the Philippines withdrew from the Rome Statute in 2019 under the orders of former President Rodrigo Duterte.
Awaiting Supreme Court Decision
Martinez noted that the DOJ is still awaiting the decision of the Supreme Court (SC) on the matter. The issue gained renewed attention following the unsealing of an ICC arrest warrant for Senator Ronald Dela Rosa, who is named as a co-perpetrator with former President Duterte in crimes against humanity related to the drug war.
Failed Arrest and Protective Custody
The National Bureau of Investigation (NBI) attempted but failed to arrest Dela Rosa upon his return to the Senate on Monday, May 11, after a six-month absence. The Senate subsequently placed him under protective custody until he exhausts all legal remedies to protect himself, and until the institution can do the same.
Legal Intervention
Dela Rosa's legal counsel has sought the intervention of the Supreme Court for the issuance of a temporary restraining order to prevent his arrest. The DOJ continues to stand by its position as the legal process unfolds.
