DOJ says ICC arrest warrant against Dela Rosa remains 'theoretical,' lays down 2 options

MANILA, Philippines — The Department of Justice (DOJ) on Tuesday clarified that reports of an alleged International Criminal Court (ICC) arrest warrant against Sen. Ronald dela Rosa remained unconfirmed, with no official copy of any warrant yet received. DOJ officials stressed that any discussion on extradition or surrender was currently hypothetical. “Right now, everything remains in the theoretical space. We have not seen nor received any copy of this ICC warrant of arrest,” Chief State Counsel Dennis Chan said during a press briefing at the DOJ office in Bonifacio Global City. “Under RA 9851, the state has two options available—extradition and surrender. To close the door on one option and focus entirely on extradition would limit the state’s discretion.” RA 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, provides the government with the legal framework to either extradite or surrender individuals accused of international crimes. DOJ officials emphasized that no decision has been made on which path to follow should a warrant be received. Prosecutor General Richard Fadullon noted that the government was also considering ongoing petitions before the Supreme Court regarding the procedure previously used in the transfer of former President Duterte to The Hague. “We are mindful of pending Supreme Court petitions questioning past procedures. Out of courtesy and prudence, we prefer to await the Court’s resolution before taking action,” he said. When asked which process could be executed faster, Chan said surrender was the more expedient option. “Extradition involves multiple steps, including a request through the Department of Foreign Affairs, evaluation by the DOJ, and judicial proceedings. Surrender, on the other hand, shortens the process significantly,” he said. Fadullon clarified that while Dela Rosa was a sitting senator, Philippine law did not provide immunity that would prevent his arrest in these circumstances. “Certain restrictions apply only if Congress is in session and the penalty exceeds six years, but there is no absolute immunity,” he said. The DOJ also stressed that the ICC, as a non-state entity, could not request extradition under Philippine law. However, surrender remains a viable legal route under RA 9851, which the DOJ maintains is self-executing. “Congress intended the provisions under RA 9851 to be self-executing. No further legislation is required to operationalize surrender or extradition,” Chan said. Officials added that although the Philippines was no longer a member of the ICC, international norms of reciprocity and comity remain relevant considerations. “While legally we cannot be compelled, we are weighing the diplomatic and international implications of any action,” Chan said. In the same briefing, DOJ also provided updates on the preliminary investigation of alleged ghost flood control projects in Bulacan. The first five cases, postponed due to Super Typhoon Uwan, have been rescheduled for Friday, with parties instructed to secure copies of voluminous complaints to prepare their defenses. As of posting time, the DOJ confirmed it has not received any communication from the ICC, the Department of Foreign Affairs, or the Philippine Center on Transnational Crime regarding the alleged arrest warrant. The DOJ maintained that the government continued to study all options available under the law and has not committed to any particular course of action.