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MANILA, Philippines — Fugitive senator Ronald "Bato" Dela Rosa failed to prove the grounds for a temporary restraining order to stop the Philippine government’s cooperation with the International Criminal Court, the Supreme Court said.
The Supreme Court denied Dela Rosa’s plea for a temporary restraining order and a status quo ante order on May 20, but released the resolution explaining the ruling only on Monday, May 25.
The high court said the resolution tackled only the provisional remedies sought by Dela Rosa, not the merits of the main petition, where he challenged the government’s cooperation with the ICC.
No clear legal right
The Supreme Court found that Dela Rosa did not establish a "right in esse," or a clear and unmistakable legal right that requires immediate protection.
According to the high court, Dela Rosa lacked a right in esse because his claims to protection did not constitute a clear and unmistakable right granted by law.
Instead, the court found that his asserted rights were contingent and abstract, as they depend on the resolution of complex legal issues, including the enforceability of ICC warrants after the Philippines’ withdrawal from the Rome Statute.
"In fine, Senator Dela Rosa's asserted rights are contingent upon the Court's resolution of the foregoing issues. Injunction will not lie to protect or enforce contingent, abstract, or future rights," the Supreme Court said.
No invasion of rights
The justices also ruled that there was no material or substantial invasion of Dela Rosa's rights.
The high court noted that Dela Rosa was granted "protective custody" by the Senate, which effectively prevented the alleged implementation of any ICC warrant or his arrest.
The Supreme Court also took judicial notice of a public statement by President Ferdinand Marcos Jr. on May 13 over a Facebook livestream, confirming that no directive had been issued to arrest the senator.
"Hence, Senator Dela Rosa's claimed invasion of his purported rights is more imagined than real," the Supreme Court said.
No proof of irreparable injury
The Supreme Court also found that Dela Rosa failed to establish an urgent need to prevent "irreparable injury."
"The possibility of irreparable damage, without proof of an actual existing right, is not a ground for injunction," the Supreme Court said.
"Notably, the prevailing rule is that courts should avoid issuing an injunction that would, in effect, dispose of the main case without trial. There would be a prejudgment of the main case and a reversal of the rule on the burden of proof since it would assume the proposition that the petitioner is inceptively bound to prove," it added.
No basis for status quo order
The Supreme Court also emphasized that there was no compelling justification to issue a status quo ante order—a remedy intended to maintain the state of affairs before the controversy began.
The high court said that while a status quo ante order does not require a clear legal right to be protected, granting one would have the same practical effect as a TRO, for which Dela Rosa had already failed to meet the legal requirements.
"In this case, since Senator Dela Rosa failed to comply with the requisites of a TRO under Rule 58 of the Rules of Court, it would be ironic for the Court to issue an SQAO, which, although it does not require a clear legal right to be protected, would have the same effect as a TRO," the Supreme Court said.
The high court also said a status quo ante order cannot be issued based on speculative allegations or unverified reports.
"It does not escape the attention of the Court that the Very Urgent Manifestation filed by Senator Dela Rosa is filled with unverified reports and allegations. Paragraph 107 of the pleading even admits that the 'foregoing reports, interviews, and video statements present material factual issues,'" the Supreme Court said.
"The Court is not a trier of facts. It cannot issue a TRO or SQAO or take cognizance of a petition directly filed before it based on alleged facts or situations that are merely speculative," it added.
Dela Rosa, who is currently in hiding, is wanted by the ICC for alleged crimes against humanity of murder during former President Rodrigo Duterte's drug war.
He is accused of involvement in the killing of at least 32 people allegedly committed between July 2016 and April 2018.
