‘More imagined than real’: Philippine Supreme Court junks Bato Dela Rosa’s plea to block ICC arrest

Manila: The Supreme Court of the Philippines has rejected fugitive Senator Ronald dela Rosa’s attempt to stop his possible arrest over a warrant issued by the International Criminal Court (ICC), ruling that his petition lacked merit.

In a closely watched 9-5-1 vote, the 15-member high court denied Dela Rosa’s application for a temporary restraining order (TRO) or status quo ante order (SQAO), saying he failed to prove an urgent and undeniable violation of his constitutional rights.

In its eight-page decision released Monday night, the court said a TRO can only be granted when there is a “clear and unmistakable right” that needs immediate protection and when irreparable injury is imminent.

But the justices said the alleged threats cited by Dela Rosa were “more imagined than real.”

“A TRO is issued only if the matter is of such extreme urgency that grave injustice and irreparable injury will arise unless it is issued immediately,” the court said.

“Senator dela Rosa has a burden of proof to show that there is a meritorious ground for the issuance of a TRO in his favor. This, he failed to do.”

The court stressed that the authority to issue injunctions “should be exercised sparingly, with utmost care, and with great caution and deliberation.”

It also noted that Dela Rosa’s “very urgent manifestation” was “filled with unverified reports and allegations.”

Dela Rosa sought court protection after claiming agents from the National Bureau of Investigation attempted to arrest him on May 11 based on an ICC warrant tied to the Duterte administration’s deadly anti-drug campaign.

The senator also accused NBI agents of intruding into the Senate on May 13, arguing the incident constituted “direct, clear, and material threats” to his constitutional rights to liberty, due process, and freedom of movement within Philippine territory.

The embattled senator served as chief of the Philippine National Police during the height of former president Rodrigo Duterte’s bloody war on drugs, which drew international condemnation over thousands of killings linked to police operations and vigilante-style executions.

The ICC has been investigating alleged crimes against humanity connected to the anti-drug crackdown, despite Manila’s withdrawal from the Rome Statute in 2019.

One of the strongest rebukes against Dela Rosa came from Associate Justice Benjamin Caguioa, who issued a sharply worded concurring opinion warning the court against shielding public officials accused of grave crimes.

“The court should not come to the rescue of an individual, a public officer no less, who is charged with mass murder, and who is being brought before the ICC to face the consequences of his actions that flouted the rule of law with impunity,” Caguioa wrote.

“The court should strongly guard against being used as a politically convenient doormat, for the wiping of those who are charged with blood on their hands,” he added.

The ruling further intensifies pressure on Dela Rosa, whose whereabouts have remained unclear amid mounting speculation that authorities may soon move to enforce the ICC warrant.

Meanwhile, fellow Senator Panfilo Lacson offered blunt unsolicited advice to Dela Rosa as legal pressure escalates: “Hide well.”