The Department of Justice on Thursday said no existing Philippine law prohibits the government from coordinating with the International Criminal Court (ICC) in relation to the arrest warrant issued against Sen. Ronald dela Rosa.
DOJ spokesperson Polo Martinez said Republic Act No. 9851, or the Philippine Act on Crimes Against International Humanitarian Law, allows the government to surrender or extradite suspected individuals to an appropriate international court or tribunal.
In a report by GMA News Online, Martinez explained that under RA 9851, the Philippines may cooperate with international legal mechanisms involving crimes covered by the law.
However, Martinez clarified that the DOJ is still awaiting the decision of the Supreme Court of the Philippines before taking any action on the matter.
Earlier, dela Rosa, through his legal counsel, filed a petition before the Supreme Court seeking a temporary restraining order, status quo ante order, and writ of preliminary injunction to block any arrest, detention, transfer, or surrender without authorization from a Philippine court.
The Supreme Court has yet to issue a ruling on the senator’s petition.
Meanwhile, lawmakers from the Makabayan bloc urged the Senate not to shield dela Rosa from possible ICC proceedings, saying the institution’s credibility is at stake.
During a press conference, Renee Louise Co said Article 27 of the Rome Statute does not recognize official immunity in cases involving crimes under ICC jurisdiction.
“When Senator dela Rosa cited that the Senate has immunity, it is not consistent with what we signed under the Rome Statute,” Co said.
Antonio Tinio also argued that the Senate should not provide protection to a lawmaker accused of crimes against humanity.
“Hindi biktima, hindi martyr, hindi bayani, hindi inaapi si Senator dela Rosa,” Tinio said.
(სენ. dela Rosa is not a victim, martyr, hero, or someone being oppressed.)
He also linked dela Rosa to the implementation of “Oplan Tokhang” during the Duterte administration’s anti-drug campaign and said the senator should face proceedings before the ICC alongside former president Rodrigo Duterte.