Dela Rosa to SC: Now is the time to issue TRO/SQAO against ICC warrant enforcement

THE camp of embattled Senator Ronald ‘Bato’ Dela Rosa on Tuesday reiterated its plea for the Supreme Court to issue a temporary restraining (TRO) enjoining local authorities from arresting the senator by virtue of an arrest warrant issued by the International Criminal Court (ICC).

In a 15-page manifestation, Dela Rosa’s lawyer Israelito Torreon also asked the Court to grant its motion seeking the reversal of its May 20, 2026 resolution denying their plea for a TRO or a status quo ante order (SQAO) against the implementation of the ICC arrest warrant.

Dela Rosa’s camp cited supervening events that would warrant the Court’s grant of the senator’s plea for a TRO.

These include the October 23, 2026 pronouncement of Philippine National Police Chief Police General Jose Melencio C. Nartatez, Jr., that the senator is considered armed and dangerous and placing a bounty for his arrest in the amount of P50 million.

Nartatez also gave Dela Rosa one week to surrender .

It also cited Interior and Local Government Secretary Gilbert Remulla’s announcement that the government was abandoning its prior approach of negotiation.

Prior to this, Remulla said that and armed group is protecting the senator and that forcing his arrest may result in 10,000 deaths.

The manifestation also cited Malacañang’s statement issued through Presidential Communications Undersecretary and Palace Press Officer Claire Castro, that the President had directed law enforcement authorities to act swiftly in arresting Petitioner Dela Rosa.

‘Taken together, these are not stray remarks of individual officials. They constitute an announced executive enforcement program: an official ‘armed and dangerous’ designation, a ?50- million capture bounty from public funds, a dedicated task force, Special Action Force deployment, and express Presidential support, all directed at the arrest of a sitting Senator of the Republic for surrender to a foreign tribunal, while the legality of that very act is pending before this Honorable Court,’ the manifestation read.

In its resolution issued last May 20, the Court in a vote of 9-5-1 denied

DelaRosa’s plea for TRO) and/ or an SQAO.

The Court held that DelaRosa has ‘no clear and unmistakable right to be protected’ when he asked for a provisional relief against the enforcement of the ICC arrest order

The SC also stressed ‘there was no material and substantial’ invasion of Dela Rosa’s rights and that he ‘failed to establish an urgent need for the issuance of a TRO to prevent irreparable injury.’

It noted that the senator was given ‘protective custody’ by the Senate in the interim which prevented the alleged service or implementation of the ICC warrant, as well as his arrest.

The Court also pointed out President Ferdinand Marcos Jr.’s declaration that he has not issued an instruction or directive to arrest Senator Dela Rosa.

Thus, declaring Senator Dela Rosa’s claim of invasion of his purported rights as more ‘imagined than real,’ it added.

Similarly, the SC said there is ‘no compelling reason’ for the issuance of a SQAO.

The SC added that Dela Rosa’s very urgent manifestation is filled with ‘unverified reports and allegations’ and since it is not a trier of facts, it cannot issue the injunction or SQAO or take cognizance of a petition based on alleged facts or situations that are merely speculative.

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However, Dela Rosa said the offer of P50- million bounty, his designation as ‘armed and dangerous’ and the Palace order for his immediate warrant the issuance of a TRO and/or an SQAO as a provisional relief against ‘material and substantial’ violation of his rights.

‘In law enforcement practice, the designation signals to operating units that armed resistance should be anticipated, which is precisely the setting in which lethal force is most likely to be used. Coupled with a bounty and a declaration abandoning restraint, the designation places Petitioner Dela Rosa’s right to life under Article III, Section 1 of the Constitution in present and serious danger,’ the manifestation stated.

It may be recalled that Dela Rosa went into hiding for six months following reports that an ICC warrant was issued against him.

He resurfaced at the Senate last May 11 to cast the decisive 13th vote that ousted Senator Tito Sotto III as Senate president and installed Senator Alan Peter Cayetano as the latter’s replacement.

The senator’s arrival at the Senate, however, caused tension after operatives of the National Bureau of Investigation (NBI) together with former Senator Antonio Trillanes IV attempted to serve the ICC arrest warrant on him.

The Senate immediately placed Dela Rosa under its protective custody to prevent his arrest which led to a near gunfight between the Senate security forces and operatives of the NBI.

Dela Rosa left the Senate building before dawn on May 14 and has been in hiding since then.

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