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Sen. Ronald “Bato” dela Rosa becomes emotional while speaking to the media outside his office at the Senate building in Pasay City on May 12, 2026 as he appeals to President Ferdinand “Bongbong” Marcos Jr. not to turn him over to the ICC amid the pending arrest warrant against him.
The Philippine STAR / Noel Pabalate
MANILA, Philippines (Updated 2:51 p.m.) — The Supreme Court has denied the request of Sen. Bato Dela Rosa for a temporary restraining order and a status quo ante order to prohibit government cooperation with the International Criminal Court.
In a press briefer sent to reporters on Wednesday, May 20, the Supreme Court denied Dela Rosa’s request with a vote of 9-5-1.
Despite the denial of the interim reliefs requested by Dela Rosa, the high court said it has yet to resolve the “main issues raised by the parties in their pleadings and motions in the main case.”
As of writing, the Supreme Court said the full decision will be uploaded on May 25.
Dela Rosa’s requests are supplemental motions filed before the Supreme Court. The original petition was filed on March 11, 2025, during the arrest of former President Rodrigo Duterte.
The urgent plea was filed on May 11, amid reports that the ICC had issued a warrant of arrest against him over alleged crimes against humanity linked to the Duterte administration’s anti-drug campaign.
His camp asked the Supreme Court to issue a temporary restraining order, writ of preliminary injunction, or status quo ante order to block his arrest, detention, or transfer without prior judicial authorization.
The senator’s lawyers also sought to prohibit Philippine authorities from cooperating with any effort to surrender him to a foreign tribunal without court clearance.
The Supreme Court, on May 13, did not act immediately on Dela Rosa’s plea but ordered the government respondents to submit their comment, followed by a comment from Dela Rosa’s camp.
The government, through the Office of the Solicitor General, asked the high court to deny Dela Rosa’s motions, saying that Philippine authorities are required to surrender or extradite a suspected individual when an international court is already investigating or prosecuting a crime covered by law.
This is despite the country’s withdrawal from the ICC in 2019, which was repeatedly argued by Dela Rosa’s camp.
The ICC warrant accuses Dela Rosa of crimes against humanity over the killings of at least 32 people allegedly committed between July 2016 and April 2018.
Without a TRO from the Supreme Court, authorities could potentially enforce the warrant under Republic Act 9851, or the Philippine Act on Crimes Against International Humanitarian Law, according to legal experts.
Section 17 of the law allows the Philippine government to surrender or extradite suspected or accused persons to an international tribunal prosecuting such crimes.
