The camp of Sen. Ronald “Bato” Dela Rosa questioned the cancellation of the licenses for his 118 firearms, calling the move baseless and legally flawed.
In a statement Wednesday, Dela Rosa’s legal counsel, Israelito Torreon, said the senator has not been convicted of any crime and that no Philippine court has issued an order that would justify the revocation of his firearms licenses.
Torreon challenged the reported basis used by the Philippine National Police Firearms and Explosives Office, saying Section 4(g) of Republic Act No. 10591, or the Comprehensive Firearms and Ammunition Regulation Act, only deals with the standards and requirements for obtaining a firearms license.
He said the actual grounds for revocation are found under Section 39 of the same law.
“Section 39 has 10 grounds. Pending criminal case before any court? Not one of them,” Torreon said.
According to Torreon, the criminal law-related grounds under Section 39 are conviction or a court order. He maintained that neither applies to Dela Rosa.
“Senator Dela Rosa has been convicted of nothing. No Philippine court has issued any order against him,” he said.
Torreon also rejected the argument that the International Criminal Court (ICC) should be treated as a “court of law” under Philippine firearms law.
He said the ICC was not created by Philippine law, its judges are not appointed under the Constitution, and its orders are not subject to review by Philippine courts.
“The Doctrine of Incorporation makes international law part of Philippine law. It does not make foreign tribunals part of Philippine courts,” Torreon said.
Dela Rosa is facing an ICC arrest warrant in connection with the previous administration’s drug war.
Torreon also raised alarm over what he described as a dangerous sequence of government actions: canceling Dela Rosa’s firearms licenses, classifying him as “armed and dangerous,” and activating law enforcement protocols against him.
He claimed the move effectively strips the senator of legal authority to possess firearms while treating him as a lethal threat, without any order from a Philippine court.
“No Philippine judge has found probable cause,” Torreon said.
He added that the Supreme Court has yet to resolve whether the ICC warrant can be enforced in the Philippines, saying key constitutional questions remain pending.
“The Executive’s answer to those open questions is not to wait for the Court. It is to act before the Court can answer,” Torreon said. “That is not law enforcement. That is a constitutional crisis executed in stages.”