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ICC arrest warrant vs Senator Dela Rosa, legal even without order from local court

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Updated
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Published
May 18, 2026
May 18, 2026 9:27 PM
May 18, 2026 6:10 PM
PST
Updated on
As of
May 18, 2026
May 18, 2026
May 18, 2026 9:27 PM
PST
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The Office of the Solicitor General (OSG) asserted that the arrest of Senator Ronald "Bato" Dela Rosa based on the warrant of arrest issued by the International Criminal Court (ICC) is legal.

It emphasized that there is no longer a need for a corresponding warrant from a local court in the Philippines in order to enforce the arrest issued by the ICC.

Based on Section 17 of RA 9851, "in the interest of justice," authorities in the Philippines may choose not to pursue their own investigation or prosecution of a crime if there is already another international court such as the ICC, or another country, currently undertaking it.

The OSG called the senator a "fugitive from justice" due to his deliberate evasion of arrest, and as such, he allegedly has no right to seek judicial relief or a temporary restraining order (TRO) from the Supreme Court.

It also clarified that Dela Rosa is not protected by parliamentary immunity because the crimes against humanity he is facing carry a penalty of more than six years of imprisonment.

In light of these arguments, the OSG asked the Supreme Court to dismiss Dela Rosa's motions for lack of merit.

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