The camp of Senator Ronald “Bato” Dela Rosa said on Thursday, May 28 they will file an appeal with the Philippine National Police (PNP) over its decision to revoke the lawmaker’s firearms license.

Senator Ronald "Bato" dela Rosa ( Facebook)

Dela Rosa’s lawyer, Atty. Israelito Torreon, insisted there must be a conviction and a court order directing the revocation of his firearms licenses before these can be revoked as cited in Section 39 of the Republic Act No. 10591 or the Comprehensive Firearms and Ammunition Regulation Act.

“We will file a most respectful motion for reconsideration with the PNP’s Firearms and Explosives Office (PNP-FEO). And we will try to explain that under Section 39, (of RA No. 10591), which is the actual grounds for the revocation of licenses, only Section 39 B stated the need of a conviction. Section 39J, on the other hand, cited the need for a court order),” Torreon explained in Filipino in an interview over Radio DZBB.

“(But) Sen. Dela Rosa is not convicted in the Philippines. No Philippine court has also issued any order against him,” Torreon further said.

“And the NBI’s (National Bureau of Investigation) answer that the ICC (International Criminal Court) is a court of law under the doctrine of incorporation, to us that is erroneous,” he added.

Torreon insisted that the doctrine of incorporation under Article 2 of the 1987 Constitution only makes international law part of the law of the land, but does not mean it makes foreign tribunals part of Philippine courts.

“The ICC was not established based on Philippine laws, and the orders of the ICC cannot be reviewed by our Supreme Court. Their judges are not appointed under our Constitution. It is not a court of law under the contemplation of RA 10591,” he said.

“So we think there is something wrong with the PNP’s decision, and we will file a most respectful motion for reconsideration, a motion with utmost respect,” the lawyer said.

On Wednesday, the PNP announced it has revoked the firearms licenses of the senator who is now facing an arrest warrant issued by the ICC.

The PNP-FEO had defended the need to do so citing a pending criminal case carrying a penalty of more than two years for the recommendation to revoke Dela Rosa’s gun licenses.

FEO chief Brigadier General Jojo Manalad said the action is based on Section 4 of RA No. 10591. Under the FEO order, the 117 firearms registered under Dela Rosa’s name must be immediately confiscated or deposited for proper disposition in accordance with the law.

Just a few days ago, authorities has launched a manhunt against the senator who was able to slip away from the Senate last May 14, or after a shooting incident inside the Upper Chamber’s premises.

Last Sunday, NBI director Melvin Matibag described the senator as “armed and dangerous” and should be dealt with caution.

“It’s our standard protocol. If we’re doing a search or locating a fugitive from justice, our presumption is that he is armed and dangerous,” Matibag had said.