Senator Bato dela Rosa managed to evade arrest by the National Bureau of Investigation (NBI) last week at the Senate, drawing parallels to the situation of former President Rodrigo Duterte. Both cases involve an arrest warrant from the International Criminal Court (ICC), which the administration of President Bongbong Marcos swiftly moved to execute.
In Duterte's case, he was arrested directly at the airport upon his return from Hong Kong. However, dela Rosa was able to flee, frustrating the Marcos administration's efforts to apprehend him.
Legal Basis for ICC Warrant Execution
The basis for their arrest is an alleged ICC arrest warrant. The question of whether such a warrant can be enforced in the Philippines has become a contentious issue before the Supreme Court. Those who believe the ICC warrant is enforceable cite Republic Act 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity. They argue that this law allows the execution of ICC warrants even after the Philippines withdrew from the Rome Statute.
However, Senior Associate Justice Marvic Leonen raised a critical point. He noted that RA 9851 only incorporates the substantive crimes from the Rome Statute but does not include the procedural mechanisms for enforcement, such as provisions for arrest and surrender. Leonen emphasized that a separate Philippine law is needed to implement these procedural aspects. Currently, no such law exists, making the execution of an ICC warrant legally baseless in the Philippines.
Thus, RA 9851 cannot serve as a legal foundation for the Marcos administration to arrest and surrender anyone with an ICC warrant. Had dela Rosa not escaped, he might have been detained in The Hague pending ICC proceedings.
Continued NBI Efforts Despite Legal Clarity
Despite the clear legal interpretation limiting ICC jurisdiction in the Philippines, the NBI director continues efforts to surrender dela Rosa to the ICC. Interior Secretary Jonvic Remulla added that if the warrant originates from the ICC and not Interpol, he would not enforce it in the Philippines.
This situation highlights a misallocation of NBI resources, as the agency prioritizes arresting dela Rosa over addressing numerous unresolved crimes and corruption cases that require immediate investigation.
Public Sentiment in Cebu
Amid these developments, public opinion in Cebu has focused on lawmakers who voted for and against the ICC-related measures. Those who voted "No" are praised for their principled stance and defense of what is right. Meanwhile, those who voted "Yes" face condemnation and warnings that the day of reckoning will come in the 2028 elections.
