MANILA, Philippines — In a major legal shift, the executive branch has formally turned its back on one of the chief architects of the previous administration’s controversial anti-drug campaign. The Office of the Solicitor General (OSG) has urged the Supreme Court to reject the urgent legal remedies filed by Senator Ronald “Bato” dela Rosa, explicitly branding him a “fugitive from justice.”
In a scathing 74-page comment dated May 16, 2026, and released to the public on Sunday, May 17, state lawyers led by Solicitor General Darlene Berberabe argued that the former national police chief is actively manipulating domestic court processes to slip away from international accountability.
The OSG’s strongly worded brief pulled no punches, utilizing the senator’s own legacy against him by opening with a notable quote from Dela Rosa’s drug-war tenure: “If someone fights back, they’ll die. If nobody fights back, we’ll make them fight back. Produce blood. Instill fear.”
State attorneys argued that Dela Rosa’s ongoing actions function as a masterclass on how the powerful corrupt the rule of law:
- The Escape Incident: The OSG highlighted that after briefly resurfacing on May 11 to cast a decisive vote in the Senate leadership shakeup and claim legislative “protective custody,” Dela Rosa slipped out of the Senate complex before dawn on Thursday following a localized shooting incident.
- Forfeiture of Relief: “His departure in the early hours of the morning was not incidental but a deliberate act to evade his arrest by law enforcement authorities,” the OSG stated. State lawyers emphasized that because a fugitive from justice demonstrates open disrespect for legal systems, they surrender their right to call upon domestic courts to adjudicate their personal claims.
Dela Rosa’s legal team had filed a series of expansive, “catch-all” manifestations designed to shield the senator from an ICC arrest warrant that was issued confidentially on November 6, 2025, and officially unsealed on May 11, 2026. The OSG systematic dismantled each request:
- The Restraining Order (TRO): Dela Rosa sought a Temporary Restraining Order or Status Quo Ante Order to block the enforcement of the ICC warrant. The OSG argued no threat to his liberty was consummated given his uninhibited participation in Senate plenary affairs last week.
- The Habeas Corpus Conversion: The senator asked the High Tribunal to automatically convert his petition into a Writ of Habeas Corpus the moment he is apprehended. The OSG called this a blanket violation of standard court procedures.
- The Demand for Interpol Records: Dela Rosa demanded the executive branch turn over highly sensitive Interpol Red Notices, diffusions, and inter-agency communications. The OSG rejected this, noting these internal Department of Justice documents are strongly protected under executive privilege due to diplomatic and national security protocols.
While the Philippines officially exited the Rome Statute in 2019 under the Duterte administration, the OSG clarified that the state remains fully authorized and legally bound to cooperate with the international court under sovereign, domestic laws.
“While the Philippines is no longer obligated under the Rome Statute, it acts within its legal rights when it cooperates with the ICC because it is authorized by domestic law. Under customary international law, and supported by constitutional principles, we are legally bound to cooperate.” — Office of the Solicitor General
The state lawyers cited Section 17 of Republic Act No. 9851 (The Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity). The provision explicitly grants the government the local discretion to surrender accused citizens to international tribunals in the interest of global justice. Ironically, the OSG noted that several sitting senators currently protesting Dela Rosa’s arrest were the very legislators who authored and passed RA 9851 into law.
While Justice Secretary Fredrick Vida previously noted that local law enforcement would wait for the Supreme Court’s final decision before launching a massive manhunt, immigration bureaus remain on absolute high alert with strict mandates to immediately detain the former police chief should he attempt to breach the country’s borders.