Justice Ramon Paul L. Hernando's Dissenting Opinion On Sen. Dela Rosa's TRO

Added: 2026-05-26

[00:00:07]Oh.

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[00:04:33]The descending opinion on my tire. Okay.

[00:04:36]>> [clears throat] >> Okay.

[00:04:44]>> [clears throat] >> It just is Fernando.

[00:04:49]I enjoy really for their eat be a s q a o or a t r o must be issued in favor of Senator De La Rosa indeed.

[00:04:59]Oh, a reason.

[00:05:01]No Filipino citizen may be arrested, restrained, detained, transferred, rendered, surrendered, or turned 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.

[00:05:29]I anchor my opinion on the following legal grounds.

[00:05:34]One.

[00:05:37]There is no domestic judicial process authorizing the arrest or surrender of Senator De La Rosa to the ICC.

[00:05:49]>> Damn.

[00:05:53]Two.

[00:05:55]Section 17 of Republic Act number 9851 is unconstitutional.

[00:06:01]The ICC has no jurisdiction over Senator De la Rosa's case. I elaborate. Take out with the 17.

[00:06:10]Jurisdiction.

[00:06:12]The state shall exercise jurisdiction over persons whether military or civilian suspected or accused of a crime defined and penalized in this act.

[00:06:22]Regardless of where the crime is committed.

[00:06:26]Regardless of where the crime is committed.

[00:06:30]Provide provided any of the following conditions is met.

[00:06:36]The accused is a Filipino citizen.

[00:06:51]The accused regardless of citizenship or regardless of citizenship.

[00:06:59]Okay, dissenting opinion pass dissenting opinion.

[00:07:07]One dissenting opinion. Yeah.

[00:07:10]Okay, all GG GG GG. One dissenting opinion. Yeah.

[00:07:17]Oh.

[00:07:19]He peps Paloma eh. One dissenting opinion.

[00:07:24]Oh.

[00:07:31]You former Senate president.

[00:07:34]You didn't involve.

[00:07:38]I don't want to kill a man.

[00:07:40]The accused has committed the said crime against a Filipino citizen.

[00:07:48]The accused has committed the said crime against a Filipino citizen.

[00:07:53]Technicality. Filipino citizens.

[00:07:57]That's why In the interest of justice In the interest of justice, the relevant Filipino authorities may dispense with the investigation or prosecution of a crime punishable under this act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime.

[00:08:31]Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines to a pro to the appropriate international court, if any, or to another state pursuant to the applicable extradition laws and treaties.

[00:09:05]If any or to another state pursuant to the applicable extradition laws I will let them know you are in the room statue, do you have Supreme Court then.

[00:09:37]>> Supreme Court then.

[00:09:44]>> [clears throat] >> Oh, to lie.

[00:09:48]There is no domestic judicial process authorizing the arrest or surrender of Senator De la Rosa. He's in danger of being immediately transported to a foreign tribunal without the safeguards of the Philippine [clears throat] constitution. Well, I agree with you on that though.

[00:10:06]I can't assume I love you.

[00:10:08]I don't know what you want to prove your urgency, your urgency right?

[00:10:13]What do you urgency? I don't know invasion.

[00:10:17]No rights.

[00:10:19]Come on.

[00:10:21]Come on man. I don't know what I'm going to do with you dude. I can't let my girl go away.

[00:10:26]You know what?

[00:10:37]Petitioner argues that respondents do not oppose that there is a present at at present no domestic judicial process authorizing Senator judicial process.

[00:10:49]So, what happened to you process?

[00:10:52]I Okay.

[00:10:55]I can't get going to do my work and do my work and do my process do my work.

[00:11:00]So, okay.

[00:11:01]Authorizing Senator De la Rosa's arrest or surrender. Moreover, there is zero guarantee that once arrested petitioner will not be immediately surrendered to the ICC and brought to the Hague as what happened to FPRRD who was whisked away to the ICC immediately. I don't know what you mean. I agree with you on that though.

[00:11:22]Logically speaking I can't take a turn in here.

[00:11:24]I don't know what I'm going to do with you dude. I can't let my girl go away.

[00:11:28]Right? May danger in my mind. But what I mean How can you prove? Let's At Highly speculative because you only I mean yeah, but what's the past? You don't know what will happen.

[00:11:44]Hello.

[00:11:47]What's the proof of that?

[00:11:52]Does rendering any other domestic judicial remedy in in utility in you?

[00:11:59]in utility in illusory But you have a point. I didn't say anything, right?

[00:12:07]Well, I don't know. Cuz after the fact that it will happen, after the fact that it will happen.

[00:12:12]So, you know your problem, right?

[00:12:15]Indeed, the injury cannot be repaired after the fact by any subsequent ruling.

[00:12:20]Hence, the necessity of an injunction injunctive relief.

[00:12:24]respondents Actually, I don't know your argument, cuz I say I don't know what you mean by the way.

[00:12:34]You You You TRO Or you actually risk No.

[00:12:49]There's no remedy after.

[00:12:55]I don't know what you mean by that, but you don't know.

[00:12:58]You don't know what remedy after will be in what in academic in ruling.

[00:13:03]So so so so so so So, what about that?

[00:13:07]What's the bigger you protect the hand you well being?

[00:13:12]You tell her.

[00:13:16]Cuz I risk Cuz I risk you You You illegal arrest that you don't know the local court.

[00:13:26]That's how you You concur.

[00:13:29]A Respondents claim that the that the person subject to a lawful arrest process must first be apprehended and then allowed to challenge the legality of such apprehension before the proper tribunal. Tenuous.

[00:13:53]Tenuous tenuous tenuous.

[00:13:57]The prevailing circumstances in this case are unique and different. I agree.

[00:14:02]I agree because your TRO is madaling i-apply dito sa ano no domestic no.

[00:14:09]Kapag local lang.

[00:14:11]Makes sense because I said my gap nga eh. Because in may international na involved eh.

[00:14:16]At kapag sinakay ka sa eroplano at dinala ka na doon and then pa lang i-question and then tapos na.

[00:14:25]The prevailing circumstances in this case are unique and different and do not warrant such a procedure.

[00:14:32]Of Of significance the arrest warrant did not emanate from the local judicial authorities but from an international or foreign entity and the legality and domestic validity of water of the water are at most questionable. It has no automatic legal effect in the Philippine territory.

[00:14:54]So nga din pero hindi mo rin mapipigilan ang presidente na na may pag-cooperate. Indeed there are reports linking Senator Bato dela Rosa to numerous deaths during the drug war of FPRD.

[00:15:11]However, over and above these reports is his superior constitutional right to be presumed innocent of the charges until proven otherwise.

[00:15:19]There will be a proper and opportune time for reckoning and for Senator De la Rosa to account to these alleged killings.

[00:15:28]But the issue now is whether a Filipino may be arrested, restrained, transferred, rendered. Yeah, this is not only personal to petitioner as this could happen to any Filipino citizen. Exactly.

[00:15:41]The legal question hinges on the primacy of the Philippine Constitution over any foreign or international process sought to be enforced within the Philippine territory.

[00:16:03]An ICC warrant, Interpol red notice, Interpol diffusion, PCTC communication, diplomatic communication, or executive directive is not a Philippine warrant.

[00:16:12]It cannot substitute for a warrant issued by a Philippine judge.

[00:16:24]Section 17, 9851.

[00:16:27]The arrest of Senator is sought to be justified under the framework of Section 17.

[00:16:33]In the interest of justice, the relevant Filipino authorities may dispense For most, Section 17 of the Republic Act is unconstitutional.

[00:16:43]Section 17 failed to satisfy the completeness test. A statute must be complete in all its terms and conditions, leaving no room for any abdication of legislative power.

[00:16:56]And the sufficient standard test, which requires that the law provide sufficient guidelines or limitations to establish the delegate delegate's scope of authority.

[00:17:06]While Section 17 allows surrender of suspected or accused persons to an international tribunal, one cannot draw how the surrender is to be made.

[00:17:16]It doesn't provide one which relevant Philippine authorities exercise the discretion to surrender.

[00:17:29]The procedure for surrender, the rights of the suspected or arrested person.

[00:17:36]Interesting to which relevant Philippine authorities exercise discretion to surrender.

[00:17:48]The rights of the suspected or arrested person, what evidentiary rule applies, what custody rules apply, the surrender mechanism is altogether illusory. In effect, it allows the relevant Philippine authorities to take custody of a suspected or arrested person and surrender such person to an international tribunal in any manner that they deem fit.

[00:18:09]Uh in relation thereto, the specific public agency that will implement the surrender is not provided for the in for in Republic Act 9851.

[00:18:24]The second paragraph section 17 which leaves the decision to dispense with press prosecution in the interest of justice and to surrender persons to undefined relevant authorities without defining surrender, prescribing procedures, redefining the decision maker, or providing procedural safeguards, must be struck down for being unconsti tutional because a delegation is only valid if the statute is complete and contains sufficient sufficient standards that announce policy, set limits, identify implementing authority, and prevent discretion from running riot.

[00:19:03]In sum, section 70 is big in broad strokes of dispensing with investigation or prosecution of crimes that fall under 9851.

[00:19:13]Surrendering the suspected arrested person to national court. In any event, even more fundamentally, cooperation with international tribunals must still be exercised in a manner that doesn't contravene the Bill of Rights and the statutory protections that implement them.

[00:19:31]Actually, you know, you issue, actually, you know, you know.

[00:19:37]You know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, Supreme Court.

[00:19:41]You know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you You know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you Thus, assuming a surrender pathway is invoked, the state's actions must remain consistent with the constitutional rights of the person surrendered.

[00:19:57]While Section 17 empowers Filipino authorities with discretion to yield jurisdiction to an international body, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you it is not unbridled and over as it must still operate within the constitutional limits. As correctly advanced by petitioner, Republic Act 9851 domesticated international crimes for Philippine pro-prosecution. It did not create a self-executory ICC surrender mechanism.

[00:20:25]A plain reading of Section 7 reveals before the authorities may exercise discretion in surrendering or extraditing a suspect or accused person, it must be triggered by the following circumstances.

[00:20:36]There's another court or international tribunal already conducting the investigation or undertaking the prosecution of a crime.

[00:20:44]The interest of justice so requires the dispensation of such You know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, The interest of justice so requires the dispensation of such investigation, prosecution.

[00:20:56]If extradited to another state, it must be done pursuant to applicable extradition laws and treaties. The qualifying phrase pursuant to the applicable extradition laws and treaties doesn't modify both surrender and doesn't modify both surrender and extradition.

[00:21:14]Okay.

[00:21:16]Pursuant to the applicable extradition laws and treaties refers to the next proceed preceding antecedent when the surrender or extradition is to another state. Thus, Congress created two distinct concepts, one for surrender to an international court where extradition laws do not apply and another for surrender or extradition to other state expressly governed by extradition laws and treaties.

[00:21:43]Huh.

[00:21:52]One for surrender to an international court where extradition laws do not apply.

[00:22:13]Oh, I know.

[00:22:15]There's another or international tribunal already con- conducting an investigation or undertaking a of a crime.

[00:22:23]The interest of justice requires suspension investigation and if extradited to another state it must be done pursuant Oh, I know.

[00:22:39]I create two concepts necessarily.

[00:22:49]Just like I did if extradited to another state.

[00:22:56]So, it would seem to be here at the young cover it to expressly governed by extradition laws and treaties.

[00:23:15]>> I don't know.

[00:23:20]Congress created two distinct concepts, one for surrender to an international court where extradition laws do not apply.

[00:23:31]But >> [clears throat] >> then we argue that where extradition laws do not apply so where do they apply? So they will have us that they will go to discretion, right?

[00:23:45]The problem is in discretion by someone else.

[00:23:48]You I see where extradition laws do not apply.

[00:23:54]Okay, it will be something that you will be able to apply as a counter argument to their arguments. You know?

[00:24:03]To apply extradition laws and rules by analogy to surrender section 17 Republic Act 9851 would amount to importing an entire statutory and rule based framework crafted exclusively for a state-to-state that I am not meant to all extradition that Congress never explicitly extended to international tribunals.

[00:24:21]Moreover, no constitutional and local law directly instructs how the law enforcement authorities may execute an accused surrender to international tribunal.

[00:24:34]Finally, ICC has no juris- jurisdiction over the case of but Dela Rosa.

[00:24:40]To recall the Rome Statute is multilateral uh treaty that established the ICC entered into force in the Philippines on November 1, 2011. On March 16, 2018, the Philippines formally submitted its notice of withdrawal from the ICC, which the United Nations Secretary General received on the next day.

[00:25:02]On March 17, 2019, the withdrawal of the Philippines from the Rome Statute became effective. It must be stressed that during the these material dates, Senator Dela Rosa Dela Rosa was never a subject of an ICC investigation. In fact, the investigation of Senator Dela Rosa by the ICC commenced only after the withdrawal of the Philippines from the ICC.

[00:25:26]Moreover, the warrant was only issued after Philippines withdrawal from the ICC.

[00:25:31]Hence, its enforceability is also in question.

[00:26:01]It argument on the next case.

[00:26:13]It will be concluded to be a snippet not to say anything.

[00:26:19]It will be a decision.

[00:26:24]Senator Dela Rosa was never a subject of an ICC investigation before. In fact, the investigation of Senator Dela Rosa by the ICC commenced only after the withdrawal of the Philippines from the ICC.

[00:26:45]Moreover, the warrant was only issued after the Philippines withdrawal from the ICC.

[00:27:02]For the foregoing reasons, I vote for the issuance of an injunctive relief for the Amy Javier.

[00:28:19]Sky letter about after 2 years I think I issue the warrant of arrest.

[00:28:30]But it's late.

[00:28:33]We should lay a ground.

[00:28:35]You want to arrest the young >> warrant of arrest So, I think Mary Mary through the long castle in the ICC jurisdiction.

[00:29:08]Anyway, I don't know guys.

[00:29:12]arguments you know procedural obligation But major unfair doing on the case.

[00:29:27]I think the subject of your investigation within that time I don't understand the future ruling of the ICC.

[00:29:40]But I'm probably not going to ICC.

[00:29:46]ICC Anyway, God bless you all. Bye-bye.