By Joseph Bernard A. Marzan

The Supreme Court En Banc denied Sen. Ronald “Bato” dela Rosa’s bid for interim relief against a possible arrest based on an International Criminal Court warrant, citing the absence of a legal right to be protected.

In a resolution dated May 20, 2026, the high court, voting 9-5, rejected dela Rosa’s request for a temporary restraining order or status quo ante order.

Either order would have barred government officials from arresting or detaining him based on an ICC warrant, Interpol Red Notice or similar foreign process without a Philippine judicial warrant.

Justices who concurred in the denial were Chief Justice Alexander Gesmundo, Senior Associate Justice Marvic Leonen, and Associate Justices Alfredo Benjamin Caguioa, Rodil Zalameda, Samuel Gaerlan, Jhosep Lopez, Jose Midas Marquez, Filomena Singh and Raul Villanueva.

Dissenting were Associate Justices Ramon Paul Hernando, Amy Lazaro-Javier, Henri Jean Paul Inting, Ricardo Rosario and Antonio Kho Jr.

Associate Justice Japar Dimaampao was unable to vote as he was on leave at the time of the resolution.

The court stressed that the issue before it was limited to whether dela Rosa was entitled to provisional relief while the main petition challenging the government’s cooperation with the ICC remains pending.

The court expressly stated that it would not touch on arguments that would answer the main case itself.

“To avoid prejudging the constitutional issues raised in the main Petition for Certiorari and Prohibition earlier filed by Senator Dela Rosa and former President Rodrigo Roa Duterte, the Court will not discuss the arguments of the parties that touch on the merits of the case,” the resolution stated.

The court said dela Rosa’s arguments failed to meet the elements required for a TRO to be issued, which include:
(a) A right in esse;
(b) A material or substantial invasion of such right;
(c) An urgent need for the writ to prevent irreparable injury; and
(d) No other ordinary, speedy, and adequate remedy to prevent the injury.

“A TRO is issued only if the matter is of such extreme urgency that grave injustice and irreparable injury will arise unless it is issued immediately. Senator Dela Rosa has the burden of proof to show that there is a meritorious ground for the issuance of a TRO in his favor. This, he failed to do,” the court said in its resolution.

From the outset, the resolution pronounced that dela Rosa had no right in esse, or a clear and unmistakable right to be protected, which was granted by law or enforceable as a matter of law.

Because there was no right, there was also no material or substantial invasion to speak of, and no possibility of irreparable damage or injury, making the issuance of a TRO inappropriate.

“Senator Dela Rosa failed to establish an urgent need for the issuance of a TRO to prevent irreparable injury. Injury is deemed irreparable when there is no standard by which its amount can be measured with reasonable accuracy,” the court said.

“The possibility of irreparable damage, without proof of an actual existing right, is not a ground for injunction. Simply put, since there is no legal right in the first place, there can be no irreparable injury to speak of,” it added.

The high court also rejected the possibility of an SQAO, saying it would have the same effect as a TRO and citing dela Rosa’s failure to comply with the requirements for a TRO.

“In this case, since Senator Dela Rosa failed to comply with the requisites of a TRO under Rule 58 of the Rules of Court, it would be ironic for the Court to issue an SQAO, which, although it does not require a clear legal right to be protected, would have the same effect as a TRO,” the court said in denying an SQAO.

The filing arose after dela Rosa alleged that National Bureau of Investigation operatives attempted to arrest him inside the Senate on May 11, 2026, pursuant to an ICC warrant.

His camp filed two separate pleadings on that date, one before the Senate session, in which he had a chase with NBI agents, and another after the session, following the presence of former Sen. Antonio Trillanes, who attempted to serve him with a purported warrant.

This happened before the ICC itself, through its spokesperson, confirmed the existence of the warrant and lifted its secrecy on the same night.

Several justices also issued sharply divided concurring and dissenting opinions on constitutional rights, international law and state accountability.

In his separate concurring opinion, Leonen said the court could not stop law enforcement through provisional remedies at this stage of the proceedings.

“We cannot enjoin law enforcement at this stage and under the circumstances in this case. That would be dangerous precedent,” Leonen wrote.

Leonen also said the constitutional and international law questions raised by the petitions should instead be addressed through a proper remedy.

“[P]erhaps a petition for habeas corpus after the petitioner is detained, arrested, or when he submits himself to his former peers in the police force,” he said.
The senior associate justice noted that dela Rosa had “sought sanctuary” inside the Senate and later fled.

“‘Nanlaban’ did not happen. Petitioner ran,” Leonen wrote.
Hernando’s dissent argued that no Filipino citizen may be surrendered to an international tribunal without a lawful Philippine judicial process.

“[N]o Filipino citizen may be arrested, restrained, detained, transferred, rendered, surrendered, or turned over to a foreign or international tribunal unless a valid Philippine law authorizes the act and the person is first subject to lawful Philippine judicial process,” Hernando said.

He also argued there was “no domestic judicial process authorizing the arrest or surrender of Sen. Dela Rosa to the ICC.”
Hernando likewise questioned the constitutionality of Section 17 of Republic Act 9851, saying it failed to provide sufficient standards governing surrender to international tribunals.

Lazaro-Javier, in her dissenting opinion, cautioned the court against allowing political considerations to influence judicial analysis.

“The plea for temporary injunctive relief demands a disciplined legal inquiry, and not a referendum on personality, political identity, or public sentiment,” Lazaro-Javier wrote, warning against reliance on “bad-character arguments directed at petitioner.”
“Stereotypes, no matter how elegantly framed or intellectually packaged, do not aid the Court,” she said.

Caguioa’s concurring opinion highlighted that the court should not “come to the rescue of an individual, a public officer no less, who is charged with mass murder.”

“The Court’s actions should not result in the coddling of those in power, should not allow impunity to continue,” Caguioa wrote.

He added that dela Rosa had “established no clear legal right to be protected by an injunctive relief.”

Kho, in his dissent, argued that dela Rosa’s plea should have been granted because of the unresolved constitutional questions surrounding the ICC’s authority after the Philippines’ withdrawal from the Rome Statute.

Rosario said in his opinion that the ICC warrant “stands on questionable constitutional, statutory, and jurisdictional grounds.”

Singh, concurring with the denial of provisional relief, said constitutional rights could not be used “to disable lawful accountability” or transform the Senate into “a sanctuary from legal process.”

Zalameda echoed the main resolution, saying dela Rosa failed to establish “a clear and unmistakable right warranting the extraordinary intervention of this Court through interim equitable relief.”

Inting’s dissent emphasized that a status quo ante order was necessary because enforcement of the ICC warrant could render the petition moot.

“At the time of the Petition’s filing, no outstanding warrant from the ICC existed against Senator Dela Rosa,” Inting wrote.

The Supreme Court has yet to rule on the merits of the main petition filed by dela Rosa and former President Rodrigo Duterte, which questions the legality of the government’s cooperation with the ICC.

dr clement c camposano

All Columns