MANILA, Philippines — The Supreme Court of the Philippines said Sen. Ronald dela Rosa “has no clear and unmistakable right to be protected” as it explained its decision denying his request for a temporary restraining order against the enforcement of an arrest warrant issued by the International Criminal Court.
In a resolution released Monday night, the high court said Dela Rosa failed to establish a “right in esse,” or a clear legal right necessary for the issuance of a TRO.
The SC earlier voted 9-5-1 on May 20 to deny the senator’s plea seeking to stop Philippine authorities from implementing an ICC warrant without a local court order.
Chief Justice Alexander Gesmundo led the majority, joined by Senior Associate Justice Marvic Leonen and Associate Justices Alfredo Benjamin Caguioa, Filomena Singh, Rodil Zalameda, Samuel Gaerlan, Jose Midas Marquez, Jhosep Lopez and Raul Villanueva.
The dissenting justices were Ramon Paul Hernando, Henry Jean Paul Inting, Amy Lazaro-Javier, Antonio Kho and Ricardo Rosario. Associate Justice Japar Dimaampao was on leave during deliberations.
Dela Rosa argued that enforcement of the ICC warrant threatened his constitutional rights to liberty, due process and his ability to perform his duties as a senator.
But the SC said the senator’s claims were still disputed and dependent on the outcome of the main petition.
“There is no material and substantial invasion of Senator Dela Rosa’s rights,” the resolution stated, noting that the senator had already been placed under Senate protective custody, which temporarily prevented his arrest.
The court also cited a public statement from Ferdinand Marcos Jr. saying he had not issued instructions to arrest Dela Rosa.
“Hence, Senator Dela Rosa’s claimed invasion of his purported rights is more imagined than real,” the SC said.
The case comes as authorities intensify efforts to locate Dela Rosa, who has reportedly gone into hiding after allegedly evading service of the ICC warrant.
Meanwhile, National Bureau of Investigation Director Melvin Matibag confirmed that the agency has requested the Philippine National Police to revoke firearm licenses registered under Dela Rosa’s name.
Matibag said the firearms include automatic rifles, sidearms, shotguns and other high-powered weapons reportedly registered in Davao.
He argued that firearm ownership is a privilege that can be revoked, especially since Dela Rosa is now considered a fugitive from justice.
The senator is among those identified as alleged co-perpetrators in the ICC’s crimes against humanity investigation tied to former President Rodrigo Duterte’s anti-drug campaign.
Former ICC prosecutor Karim Khan previously estimated that between 12,000 and 30,000 people may have been killed during the Duterte administration’s drug war.
