THE Office of the Solicitor General (OSG) has formally argued before the Supreme Court that the Executive Department has the legal authority to implement the International Criminal Court (ICC) arrest warrant issued against Senator Ronald “Bato” dela Rosa, citing Republic Act No. 9851 as the enabling law.
In its filed comment, the OSG emphasized that a separate or corresponding warrant from a Philippine court is no longer required for authorities to execute the international order within the country’s territory. This position directly counters arguments raised by Dela Rosa and his legal team questioning the validity and enforceability of the ICC process under domestic laws.
According to the OSG, RA 9851 explicitly grants Philippine authorities the power to surrender a suspect directly to an international tribunal such as the ICC, or to extradite them to another state — clarifying that these are two distinct legal procedures governed by different rules. The agency stressed that standard extradition protocols do not apply in this case, and insisted that the senator’s plea to stop his arrest and eventual turnover to the ICC must be denied.
They further maintained that parliamentary immunity cannot be invoked as a shield to evade public accountability or legal responsibility, and referred to Dela Rosa as a “fugitive from justice” for evading the lawful process served against him.
In its final plea, the OSG urged the High Court to dismiss all petitions and motions filed by Dela Rosa seeking to nullify or block the implementation of the ICC warrant.
The government’s legal representative emphasized that complying with international obligations and upholding the country’s laws take precedence over institutional privileges or political protection. This legal stance reinforces the position that the state is bound to cooperate with competent international bodies in cases involving crimes against humanity, and that no public official is above the law, regardless of their position or office.
metrosundaily
