BY EMMANUEL OGBONNA
Government lawyers in the Philippines have asked the country’s Supreme Court to dismiss an appeal filed by fugitive Senator Ronald dela Rosa, who is attempting to stop his arrest and possible transfer to the International Criminal Court over allegations tied to the deadly anti-drug campaign carried out under former President Rodrigo Duterte.
In legal filings submitted over the weekend, the Office of the Solicitor General argued that dela Rosa, a former national police chief and one of Duterte’s closest allies, should not be granted protection by the courts while actively evading authorities. The government maintained that Philippine law permits cooperation with the ICC in cases involving serious international crimes, despite Manila’s withdrawal from the Rome Statute in 2019.
Dela Rosa has sought intervention from the Supreme Court to prevent law enforcement agencies from arresting him and surrendering him to the ICC, where prosecutors are investigating thousands of killings linked to Duterte’s controversial “war on drugs.” Human rights groups have long accused police officers and vigilantes of carrying out systematic executions during the campaign, allegations repeatedly denied by Duterte and his allies.
The senator is facing accusations similar to those confronting Duterte, who is expected to become the first former Asian head of state to stand trial before the court in The Hague. Both men insist they committed no crimes and argue that the anti-narcotics campaign was a legitimate effort to combat widespread drug trafficking and criminality in the Philippines.
Dela Rosa’s legal team contends that the ICC no longer has jurisdiction over the Philippines because the country formally withdrew from the Rome Statute, the treaty that established the international tribunal. However, government lawyers countered that domestic legislation, specifically Republic Act 9851, authorizes Philippine authorities to cooperate with international courts and surrender individuals accused of grave offenses such as crimes against humanity.
The Solicitor General’s office argued that dela Rosa cannot insist on a separate judicial determination in the Philippines regarding the validity of his arrest because the ICC has already issued a warrant against him. Government lawyers stressed that allowing him to avoid prosecution would undermine the country’s commitment to accountability and justice.
In strongly worded court submissions, the government accused dela Rosa of deliberately evading legal processes. Officials said his disappearance from public view and alleged attempts to avoid capture clearly established him as a fugitive from justice.
“His flight, coupled with the fact that he had previously gone into hiding, is not merely incidental but is a deliberate act to avoid accountability,” the filing stated. The Office of the Solicitor General further argued that a person actively evading arrest should not be entitled to extraordinary relief from the courts.
The controversy intensified after dela Rosa reportedly escaped arrest earlier in the week with assistance from political allies inside the Senate. The senator resurfaced publicly to cast a crucial vote supporting Alan Peter Cayetano as Senate president, helping secure the leadership position for a politician closely aligned with the Duterte family. Shortly afterward, dela Rosa disappeared again from public view.
The ICC warrant for his arrest, which had reportedly been issued months earlier, was publicly unsealed on Monday. Since then, authorities have been unable to locate him. His wife later described his departure from Senate premises before dawn on Thursday as an “escape,” while declining to disclose his whereabouts.
Government lawyers also warned that extending special treatment to a powerful political figure accused of crimes against humanity could damage public confidence in the justice system, particularly among families of those killed during anti-drug operations.
“To once more extend exceptional privileges to a petitioner who now seeks relief while evading lawful process sends a chilling message,” the Solicitor General’s office said in its filing, adding that such actions risk convincing the public that legal protections favor influential officials while victims and their families are denied justice.
The case has become one of the most politically sensitive legal battles in the Philippines in recent years, highlighting deep divisions over Duterte’s legacy and the country’s relationship with international institutions. Supporters of the former president continue to defend the anti-drug crackdown as necessary to restore order, while critics argue the campaign enabled widespread abuses and extrajudicial killings.
The Supreme Court has not yet announced when it will rule on dela Rosa’s petition.
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