ASEANEWS HEADLINE–DU30 ICC EJK TRIAL | SC junks Bato dela Rosa petition for TRO vs ICC arrest

MANILA, Philippines — The Supreme Court has denied Sen. Ronald “Bato” dela Rosa’s request for a temporary restraining order (TRO) that sought to prevent the government from arresting him on a warrant issued by the International Criminal Court (ICC), where he faces charges over the bloody antidrug campaign he enforced as a police general during the Duterte administration.

“The Supreme Court, in a vote of 9-5-1, denied the prayer for a temporary restraining (TRO) and/or status quo ante order (SQAO) filed by Senator Ronald “Bato” M. dela Rosa,” the court said in a statement issued on Wednesday.

The high tribunal’s ruling focused only on Dela Rosa’s request for an immediate interim or temporary relief against the implementation of the ICC warrant of arrest.

READ: At large again: Bato dela Rosa sneaks out of Senate

“The main issues raised by the parties in their pleadings and motions are yet to be resolved in the main case,” the statement read, clarifying that it has not yet ruled on the constitutionality of enforcing the warrant in the country.

Dela Rosa, through his counsel, filed the petition last year after Ombudsman Jesus Crispin Remulla disclosed that he already had a copy of the warrant.

READ: No TRO is go signal for Dela Rosa’s arrest or surrender, solons say

It was originally issued under seal on Nov. 6, 2025, following a Nov. 3, 2025, application by prosecutors. It was unsealed and made public on May 11, 2026.

‘Protective custody’

Dela Rosa was charged as a co-perpetrator of former President Rodrigo Duterte in the crime against humanity case in the ICC. He is tied to the deaths of least 32 people allegedly killed between July 2016 and April 2018 at the height of the Duterte administration’s “Oplan Double Barrel” antidrug campaign when he was the Philippine National Police chief.

On May 11, the same day the warrant became public, Dela Rosa appeared at the Senate after a six-month absence and voted in the leadership change that installed Sen. Alan Peter Cayetano as Senate President.

His appearance triggered tension after National Bureau of Investigation agents sought to arrest him. But they stood down after Dela Rosa was placed under the Senate’s protective custody, sparking debates over the limits of parliamentary privilege.

Location unknown

The standoff escalated on May 13 when gunshots were heard inside the Senate building. No one was reported injured.

Dela Rosa left the Senate premises on Thursday. His location remains unknown.

The NBI said on Wednesday that it was ready to continue its manhunt operation for Dela Rosa and was just awaiting a directive, following the court’s ruling.

“Of course, the director said that the NBI is always ready,” said NBI spokesperson Palmer Mallari in an interview.

NBI Director Melvin Matibag earlier said the agency has received several information on Dela Rosa’s whereabouts.

In Malacañang, Palace press officer Claire Castro deferred the interpretation of the high court’s resolution as well as the consequent operational matters to Justice Secretary Fredderick Vida.

“As of now, we can say that the warrant of arrest against Senator Bato dela Rosa is valid,” Castro told reporters.

Interior Secretary Jonvic Remulla also deferred to Vida when the Inquirer reached out for his comment.

“SOJ (secretary of justice) is lead,” Remulla said in a text message.

“We will always uphold the laws of the land,” he added when pressed if the Department of the Interior and Local Government (DILG) would enforce the warrant should Vida issue the directive.

Videos do not lie

Also on Wednesday, the Presidential Communications Office presented the Senate’s closed-circuit television (CCTV) footage showing Dela Rosa, wearing a dark colored jacket and bullcap, walking out of the Senate building toward the parking lot at 2:31 a.m. on Thursday.

Behind him were Sen. Robinhood Padilla and an unidentified female staffer.

Dela Rosa, Padilla and the staffer were seen exiting by Senate security personnel, who even escorted them out toward the parking lot.

In another clip, the senators were seen walking behind two police officers before they boarded a white Toyota Fortuner, which was confirmed to be owned by Padilla.

“They proceeded outside, unimpeded, and headed toward the Makati area as of 2:32 a.m., as caught by the CCTV cameras,” Remulla told reporters in a phone interview.

Remulla said authorities could not track the destination of Dela Rosa and Padilla, with available CCTV footage only showing Padilla’s vehicle last seen going in the direction of Makati area.

Hold accountable

Remulla declined to comment whether Padilla would be investigated for aiding and abetting the escape of a fugitive, saying it was up to the DOJ to determine.

Matibag earlier said Padilla is a “person of interest” in the search for Dela Rosa and should be probed by authorities.

Castro said President Marcos has already seen the CCTV footage and believes that “people should be held accountable for their actions.”

“[…] In the President’s view, this was not proper and should not have happened,” she added.

Former Sen. Antonio Trillanes IV earlier criticized Remulla for not enforcing the warrant, but the DILG secretary maintained that the document was “inactionable.”

The DILG clarified that its actions were “not rooted in unwillingness to enforce the law” but rather because it was waiting for the Supreme Court to rule on whether the warrant was enforceable without an order from a local court.

The Office of the Solicitor General (OSG) on Sunday opposed Dela Rosa’s plea, arguing that he was not entitled to injunctive relief.

The OSG said Dela Rosa failed to show a clear right that needed protection, a substantial invasion of such right, or urgent necessity to prevent serious damage.

It also said parliamentary immunity was not meant to shield public officials from accountability and argued that “fugitive disentitlement” should apply to Dela Rosa because of his alleged evasion of arrest. —WITH REPORTS FROM JASON SIGALES, AND DEXTER CABALZA

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