MANILA, Philippines – The Office of the Solicitor General (OSG) has asked the Supreme Court (SC) to reject Senator Bato dela Rosa’s plea for a temporary restraining order (TRO) against the International Criminal Court (ICC) arrest warrant.

It argued that the senator’s actions are “consistent with those of a fugitive from justice.”

“The essence of fugitive behavior is not limited to crossing national borders but extends to any deliberate effort to place oneself beyond the reach of lawful judicial process,” the OSG said in its 83-page comment filed on Saturday, May 16.

The ICC confirmed on May 11 that it had issued an arrest warrant against Dela Rosa for the alleged crime against humanity of murder linked to extrajudicial killings during the Duterte administration’s war on drugs.

The confirmation came as Dela Rosa, after months out of the public eye, appeared at the Senate to vote in a leadership change that ousted Tito Sotto as Senate president and installed Alan Peter Cayetano in his place.

Under Cayetano’s leadership, Dela Rosa was placed under “protective custody” within the Senate. Dela Rosa later left the premises in the early hours of Thursday, May 14, following a gunfire incident the night before.

The OSG, in its comment, told the SC: “The surrounding circumstances further reinforce this conclusion: (a) Senator Dela Rosa’s public pronouncements resisting submission to authorities; (b) his continued refusal to surrender despite knowledge of the existence of the Warrant against him; (c) his recourse to judicial remedies to prevent enforcement of the Warrant while remaining beyond reach of arrest; (d) his suspicious exit from the Senate premises; (e) the refusal of his counsel to disclose his whereabouts; and (f) the admission by his own spouse that he ‘escaped.’ These acts, when taken together, demonstrate intent to evade the law.”

“His conduct clearly places him within the definition of a fugitive from justice,” it added.

The OSG said that the “fugitive disentitlement doctrine” also applies to Dela Rosa’s case. Under the doctrine, according to the OSG, fugitives may not seek relief from the judicial system whose authority they evade.

The OSG also argued that Dela Rosa has been afforded due process as he has invoked the SC’s jurisdiction multiple times and filed several pleadings seeking judicial intervention.

It also said that the enforcement of an ICC warrant does not require a separate warrant from a Philippine court pursuant to Republic Act 9851.

“Undeniably, Senator Dela Rosa did not come to court with clean hands. His attempts to evade and obfuscate the Warrant of Arrest issued against him show a deliberate intent to mock the judicial process,” it added.

“It is deeply regrettable that as a sitting senator he has perpetrated the idea that it is his interpretation of the law that governs and decides whether one should abide by the lawful warrants and processes issued by a court of competent jurisdiction.” 

Amid the ICC warrant, Dela Rosa has been placed under an immigration lookout bulletin order.

On May 13, the SC did not provide Dela Rosa immediate relief regarding his possible arrest and instead directed respondents to file their comments within 72 hours of receipt of the court’s resolution.

The SC justices will vote on the TRO request after receiving comments and replies from the parties involved. – Rappler.com