Sen 'Bato' Dela Rosa asks SC to stop enforcement of ICC arrest warrant 'if there is any'
Senator Ronald “Bato” Dela Rosa asked the Supreme Court (SC) to stop the government from implementing the arrest warrant, if there is an order issued against him by the International Criminal Court (ICC).
In a manifestation, Dela Rosa also asked the SC to direct the Department of Justice (DOJ) and the Department of Foreign Affairs (DFA) to submit written certifications denying or certifying the issuance of the ICC’s arrest order.
He elevated the issue before the SC due to the statement issued by Ombudsman Jesus Crispin Remulla who had said an arrest order had been issued by ICC.
Bato said that the Philippine government cannot immediately surrender a Filipino citizen to the ICC without a lawful court order since it would be a violation, not only of local laws but of the international framework it would be assisting.
"The Statute envisions the participation of domestic courts, not their exclusion. Even among State Parties, compliance requires a written request, a copy of the warrant, and a judicial process to validate surrender," Dela Rosa pointed out.
At the same time, Dela Rosa told the SC that Executive Branch should not fully rely on Section 17 of Republic Act No. 9851 -- the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity -- as a unilateral basis for surrender.
He said “the reliance on Section 17 would effectively convert a statutory provision into a blank check for the Executive Branch to surrender Filipino citizens to foreign bodies at will."
Such action, he stressed, “will offend the doctrine of constitutional supremacy, which mandates that all statutes must yield to the Constitution."