‘COLLECTIVE FAILURE’: Drilon hits government delay on Bato dela Rosa ICC warrant

By Francis Allan L. Angelo

Former Senate President and Justice Secretary Franklin M. Drilon on Thursday criticized the government’s handling of the arrest warrant issued by the International Criminal Court against Senator Ronald “Bato” dela Rosa, accusing officials of passing the buck instead of enforcing the law.

Drilon questioned how key government agencies have responded to the ICC warrant, which is tied to the thousands of killings linked to the Duterte administration’s anti-drug campaign.

“Walang sagabal sa pag-serve ng warrant at sang-ayon sa Rome Statute ang pag-serve ng warrant. Ngunit ang reaction ng ating mga officials ang nakakatawa,” Drilon said in a radio interview Thursday.

He criticized the National Bureau of Investigation for saying it was “awaiting a directive” before acting on the warrant.

“Directive from whom? From the President? From the Department of Justice? This is a simple service of a warrant. It is something authorities do every day,” Drilon said.

He also faulted Malacañang and the Department of the Interior and Local Government for distancing themselves from the matter.

“Now Malacañang is saying the service of the ICC warrant is an operational matter dependent on the DOJ. Then we have a DILG saying the DOJ is the lead agency and not them,” Drilon said.

He noted that in previous high-profile operations involving former President Rodrigo Duterte and preacher Apollo Quiboloy, it was the DILG — through the Philippine National Police and the Criminal Investigation and Detection Group — that took the lead.

“Sa simpleng warrant of arrest, nagtuturuan kung sino ang mag-i-implement,” he said. “It is a collective failure of leadership.”

Drilon said the public now sees “two systems of justice” in the country — one for the powerful, and another for the victims of extrajudicial killings linked to the anti-drug campaign.

“Ang isa po ay hustisya para sa may kapangyarihan at may kaya, at yung isa po ay doon sa 6,000 na biktima ng EJKs,” he said.

“Somebody must be held accountable. Huwag nating kalimutan na dito ay naghahanap tayo ng hustisya para sa mahigit 6,000 biktima ng extrajudicial killings noong panahon ni Pangulong Duterte sa operation Tokhang,” he said.

The former Senate President said Dela Rosa cannot hide behind “technicalities” to avoid the arrest warrant, and he rejected claims that the warrant should not be recognized because it was not issued by a Philippine court.

He stressed that the ICC is not a foreign court but an international tribunal created through the Rome Statute, which the Philippine Senate ratified.

“Hindi po foreign court ang nag-issue ng warrant of arrest. Ang nag-issue ay International Criminal Court,” said Drilon, who voted in favor of Senate concurrence in the ratification of the Rome Statute in 2011.

“We are talking about justice for more than 6,000 victims of extrajudicial killings. You cannot ignore the people’s cry for justice because of technicalities,” Drilon said in Filipino.

The proper legal step for Dela Rosa, Drilon said, is to surrender and face the charges.

“Sa akin, walang ibang solution dito kung hindi mag-surrender na lang si Senator Bato dela Rosa at harapin ang kaso,” he said.

“Hindi naman ibig sabihin na may warrant of arrest ay guilty ka na,” he said, noting that ICC proceedings would still involve a trial in The Hague.

The warrant merely ensures that the accused would be available to face proceedings and comply with whatever judgment may later be issued, he explained.

Drilon said Dela Rosa, who served as Duterte’s first PNP chief and oversaw the anti-drug campaign known as Oplan Tokhang, could explain before the ICC whether he was merely following orders.

“Pwede niyang sabihin yun na ako ay takot kay Tatay Digong at inutusan niya akong patayin itong 6,000 na mahihirap,” he said.