“This ruling is important. It affirms that attempts to block arrest through last-minute petitions and technical maneuvers should not be used to frustrate justice."

MANILA — Families of “drug war” victims and progressive lawmakers demand the enforcement of International Criminal Court (ICC)’s arrest warrant against Senator Ronald “Bato” Dela Rosa after the Supreme Court (SC) denied his plea for temporary restraining order (TRO), May 20.

“The denial of TRO should prompt authorities to arrest Bato dela Rosa as soon as possible. The Marcos administration should not drag its feet in surrendering Bato to the ICC,” said Llore Pasco, mother of two extrajudicial killing victims Crisanto and Juan Carlos Lozano.

In an en banc session on May 20, 2026, the SC only decided on the prayer for TRO based on Dela Rosa’s plea in a vote of 9-5-1. The full resolution and the opinions of the SC members will be available on May 25, 2026.

Without the TRO, nothing holds back the Department of Interior and Local Government (DILG), the Department of Foreign Affairs (DFA), the Department of Justice (DOJ), the Philippine National Police (PNP), the National Bureau of Investigation (NBI), the Bureau of Immigration (BI), the Armed Forces of the Philippines (AFP), and the Criminal Investigation and Detection Group (CIDG) from arresting Dela Rosa on the basis of ICC arrest warrant.

“This ruling is important. It affirms that attempts to block arrest through last-minute petitions and technical maneuvers should not be used to frustrate justice,” said Makabayan bloc lawmakers — ACT Teachers Rep. Antonio Tinio, Gabriela Women’s Party Rep. Sarah Elago, and Kabataan Rep. Renee Co — in a collective statement.

Malacañang, through its Palace Press Officer Claire Castro, said that the ICC arrest warrant is valid. She also previously emphasized that the Palace is “disappointed” that Dela Rosa escaped the premises of the Senate despite the protective custody granted to him by his allies.

Sally Ramos, whose daughter Criseta Ramos was killed at the height of extrajudicial killings, said that Dela Rosa’s allies in the Senate should be ashamed of providing protective custody to a “criminal and a fugitive.”

The ruling also exposed the claims of Duterte allies and camp that a local Philippine court warrant is required as a precondition for arrest, the Makabayan bloc lawmakers asserted, emphasizing that it is a mere dilatory tactic to buy time for escape and evade responsibility.

“We should not fail the victims’ families once again. The people should not pay for the crimes of the powerful,” Makabayan lawmakers said, adding that the law enforcement agencies should ensure that the warrant is implemented without delay, cover up, or selective enforcement.

If Ferdinand Marcos Jr. refuses to execute the ICC arrest warrant and its law enforcement agencies, human rights lawyer Neri Colmenares said that it will be another denial of justice for the victims, a case of unjust discrimination, and unequal protection of law.

“While ordinary people are arrested by virtue of a warrant of arrest, Bato is given special treatment because he is a senator. It will show that the law is not fair and that justice is only reserved for the powerful,” Colmenares added.

The Office of the Solicitor General (OSG), through its comment to the motions, argued that the executive department can legally enforce the ICC arrest warrant against Dela Rosa pursuant to the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity (RA 9851).

Read: Bato is a fugitive, PH is bound to implement ICC arrest warrant — OSG

Bato is a fugitive, PH is bound to implement ICC arrest warrant — OSG

Section 17 of the RA 9851 authorizes the Philippine authorities to surrender or extradite a suspected or accused person when an international court or tribunal is already conducting an investigation or prosecution of a crime punishable under the said law — crimes against humanity is both punishable in the Philippine penal law and the Rome Statute.

Human rights group Karapatan underscored that this development reinforces ICC proceedings as a vital avenue for justice for thousands of victims of extrajudicial killings during Rodrigo Duterte’s anti-illegal drug campaign.

“It is long overdue for Duterte, Bato dela Rosa, and all officials responsible for the brutal drug war to be made fully accountable for their actions,” said Karapatan Secretary General Cristina Palabay. “The day of reckoning for the likes of Bato dela Rosa will definitely come, and this should be now.”

The Commission on Human Rights (CHR) estimates that in December 2018– when the Philippines is still a member-state of the Rome Statute– the number of drug-war killings could be as high as 27,000. Despite these high numbers, only five cases have been prosecuted — some if it remains on appeal.

Dela Rosa is the second Filipino issued with a confirmed ICC arrest warrant.

The ICC found reasonable grounds to believe that Dela Rosa had contributed to the common plan in enforcing widespread and systematic attacks in his official capacity as former Philippine National Police (PNP) chief and Davao City Police chief during the Duterte administration.

The ICC has also identified other Duterte co-perpetrators including Sen. Christopher “Bong” Go, former justice secretary Vitaliano Aguirre II, Vicente Danao, Camilo Cascolan (deceased), Oscar Albayalde and Isidro Lapeña. (RVO)

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