ICC vs. Bato dela Rosa: Atty. DJ Jimenez Explains What Happens Next | At the Forefront

Added: 2026-05-25

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[00:01:08]A manhunt is underway for Senator Ronald Batau de la Rosa who is presumed by authorities as armed and dangerous. Good morning. I'm attorney Karen Himeo and this is at the forefront.

[00:01:26]Authorities are now searching for Senator Ronald Bau de la Rosa. This after the Supreme Court did not issue a temporary restraining order against his arrest warrant released by the International Criminal Court. But is this the end of his legal battle?

[00:01:43]Meanwhile, his ally, Senator Christopher Bongo, could also be issued an arrest warrant by the ICC.

[00:01:50]So, to help us clarify these legal matters, we'll be speaking to Pinoy Street lawyer DJ Himenez. He was also the recipient of the Gawad Manileno in 2023 for his law practice. Good morning, Attorney DJ.

[00:02:03]>> Good morning, Karen.

[00:02:06]>> Okay, attorney DJ, let's start. The Supreme Court said on Sunday that it has yet to rule on the main petition that was filed by Senator Ronald Batau de la Rosa regarding the International Criminal Court's jurisdiction in this country. Does this mean that Senator Ronald Batau's legal battle is not yet over? And what other legal options does he have?

[00:02:30]>> Uh I would think so. uh in fact uh the denial of uh his plea for uh TTRO or uh a status uh coante order doesn't uh deal with the main case actually and I I suppose the Supreme Court uh saw that u even assuming that Senator Bau gets arrested he still has other remedies under the law file habius corpus and probably alleged the pendance of uh the Supreme Court case uh before he would be brought to the >> Hague.

[00:03:08]>> So there was really no necessity because uh there are other speedy remedies that he can probably avail of.

[00:03:16]>> So there's no par grave or imminent danger which are usually the grounds for issuing a TTRO. There is no irreparable damage attorney Karen because remedies and for all you know if the main case will be in his favored supposed arrest against B. So understandably that can really be denied in a on a legal perspective.

[00:03:43]>> And the the Supreme Court decision on the TTRO itself the court said that uh they will release it today >> on the TR on the main case. I am curious about that because uh some lawyers were also speculating was because the president also himself declared on May 14 Senate. Now I did not order the arrest of Senator Bau and I told the NBI to stand down. So if you were the Supreme Court, you'd also say grave or irreparable injury that's imminent because uh Yes, attorney Karen and this is what we call as judicial committee. So in the minds of the courts main decision until and unless the arrest undertaken against the former president is declared anality then in so far as the executive department to their minds um as the chief architect of foreign policy they can do what it is what what what would be necess necessary to to to implement the cooperation with the interpol that's what they saying now because the interpol sought the assistance of the Philippine government in the enforcement of the arrest warrant by the >> in relation to former president Duterte >> and also in relation to >> interpole notice or even a diffusion notice when it comes to senator >> bauy n because they have a copy here so I have no idea how it was transmitted. I was just uh assuming no uh because that is the the explanation of uh this administration. We're just cooperating with the uh Interpol not with the ICC.

[00:05:46]>> Although this time with respect to Senator B. It's cooperation with Interpol. It seems like they're it's just really enforcing a warrant of the ICC. Although explicitly um because Senator B has already been labeled a fugitive from justice and most media reports call him a pagante for fugitive but the DOJ also made a declaration last week that uh that Senator Bau is already a fugitive from justice. Is that correct legally? uh if we will be very strict about it, the term fugitive from justice is a judicial declaration. Uh there's a November 2025 supreme Sup Supreme Court and bank ruling similar to this one. Uh in the past uh it was always an option of an accused not to participate. Courts take them lightly but because they leave the country Supreme Court fugitive disentitlement doctrine. If you are declared as a fugitive from justice, you lose your remedies in court until you surrender.

[00:07:09]>> Yeah. This is the villia car transit versus uh bananib. Yes. In 2025. if we will be guided by the the guidelines uh uh in uh uh indicated by the Supreme Court in that particular case protocol and it always refers to a local warrant but in this particular case it's an ICC warrant to my mind until and unless the Supreme Court will make a categorical declaration on the validity of the ICC warrant since any participation by the local court. It may be premature respectfully >> premature to call Senator fugitive from justice from justice.

[00:07:53]>> Oh, cuz I I also read that uh Supreme Court guidelines on fugitives from justice and it's clear there that a court has to make a declaration that the accused is a fugitive from justice. So court declaration it is premised on the uh uh uh evading the arrest warrant normally in in an ordinary case warrant of arrest and now warrant the arresting officer will have to report within 10 days and then accused purposely among others he may be branded as a fugitive from justice and he loses his rights under the >> so in this case baka premature p with respect to senator >> as a lawyer I'm talking as a lawyer yes I I guess that's um that's why I'm asking you because I I also have this uh >> interpretation when I was reading the guidelines of the Supreme Court declaration but with respect to for example zaldi Ang can they already be considered? Of >> course. I I think return warrant. These are uh different cases because they they were ordered arrested on the basis of a local warrant international criminal court issue. So we have to really be dispassionate about this attorney as as lawyers because DDS you will uh uh sing the same tune but as lawyers we are obligated to be to abide by the rules >> and I suppose the Supreme Court has another opportunity to perhaps issue guidelines on this international warrant >> and it's high time and the the other issue is NBI director Melvin Matibag says that Senator Robin Padilia should help authorities establish the full account of how Senator Batau de la Rosa left the Senate pre premises. And a lot of people are also asking me this legal question. Is Senator Padilia liable for obstruction of justice? Under the Philippines, we have a presidential decree 1829. And this is the law that applies duat obstruction of justice which imposes penalties of imprisonment from four to six years. Obstruction of justice must rest on a legal premise.

[00:10:35]But if it rests on a faulty premise, clear fugitive advance obstruction of justice. But of course it's a different pattern if you talk of uh um ethics within the Senate rules ano criminal statute obstruction of justice. It's a criminal statute. So if you look at the law where this uh came from it also speaks of felony under the revised.

[00:11:12]>> Yeah. It does says um >> so any person who knows or has reasonable grounds to believe or suspect that the person you're harboring, concealing or facilitating the facilitating the escape of has committed any offense under existing penal laws.

[00:11:27]So again legally humanitarian law then again premature supreme court guidance how to treat this uh because it's international law.

[00:11:49]Okay. But uh so Senate Ethics Committee remedy.

[00:11:59]Well, ICC assistant to counsel Christina Kanti said individuals who helped Senator Bau de la Rosa evade arrest could face prosecution before the ICC.

[00:12:10]Um would that would that provision that does there's also an equivalent of obstruction of justice under the wrong statute make it more clear to us obstruction of justice or I would think so too attorney remember it's a prejudicial question to to explain So at this point really everything seems uh premature except that uh in the absence of any restraining order against the executive department uh they probably think that what they did to deter it could be done to B because clear prohibition against them. When you say prejuditial question, are you saying you subject petition that was filed last year s Supreme Court meaning uh you can question your manner of arrest of former president Duterte?

[00:13:14]>> Yes. Which could also be related to the manner of the intended arrest against Senator Bauan in so far as the executive department, you know, this is a treaty obligation.

[00:13:29]We're just doing our job interpol are we just complying with interpole obligations because um Senate hearings last year red notice it was merely a diffusion notice and then this time when Senator Bau Interpole red notice can the government also charter a private plane to take him to the H or would that violate his constitutional rights or if they are just respecting our obligations also under the Rome statute on the premise of you residual jurisdiction ICC then >> should we follow article 59 of the Rome statute which would require senator B to be brought to a local judicial authority which would be >> exactly we are all waiting how the Supreme Court will no will explain this no both parties have their own respective submission Attorney DJ, in our experience as lawyers, normally petition for habius.

[00:14:37]I mean, but this has been filed on behalf of the representatives of former president.

[00:14:49]In fact, when you file Arita Pabia's corpus, uh it is so liberal that even a handwritten uh petition that I am illegally detained, any court would act on it immediately and then the the the party arresting you or detaining you will have to explain uh the basis of the detention.

[00:15:14]And I think with all due respect What they did is to file a petition for issuance an application for issuance of a TRO that took forever to be issued even now eventually. So I think as soon as this should be a remedy otherwise academic then.

[00:15:46]>> Okay. Andalibalita that Senator Christopher Bongo may also be facing an arrest from the ICC. Do you think that he can separately challenge this in court as well even while the petition of Senator Bau is pending? But before you answer this question, we'll have to take a short break at the forefront. We'll be right back.

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[00:17:23]Welcome back at the forefront. We continue our conversation with Pinoy Street lawyer DJ Himenez. Attorney DJ may mga balibalita that Senator Christopher Bongo might also be facing an arrest warrant issued by the ICC. Can he file anything the Supreme Court or the local courts here to potentially avoid the same situation that Senator Bat de la Rosa is facing now? Meaning even if you know he's questioning the the manner at which the arrest is being done or the jurisdiction of the ICC.

[00:18:02]>> Uh there is this uh legal remedy that we refer to as lawyers.

[00:18:07]petition for declaratory relief. As long as uh there's still uh no issue, he can probably exhaust that. Uh although to my mind prejudicial question, former president senator because they are all intertwined.

[00:18:27]So as long as uh clear um in limbo even whatever would happen to him and I suppose um decide supreme court they will have to take all of these together.

[00:18:43]>> Oh yes what is your estimate petition for habius corpus cases fin representatives of former president Duterte and also senator bau de la roa as long asademic anytime soon because what is at stake here isn't just the interest of senator no and former president but uh our loss how do we do it so I think uh what happened before potential clash between the executive and the uh legislative department I I think and I hope the Supreme Court would uh release its resolution on the main case soon.

[00:19:34]>> Well, you Republic Act 9851 is often cited as the legal basis to support the surrender of former president Duterte and now Senator Bau to the ICC. But section 17 thereof when it talks about jurisdiction uses a permissive word may.

[00:19:51]Soon the relevant Philippine authorities may dispense with the investigation or prosecution if another court or tribunal is already conducting the investigation or undertaking the prosecution of a crime. It also says authorities may surrender or extradite suspected or accused persons in the Philippines to an appropriate tribunal or international court. But meanwhile, section 18 thereof states that the regional trial courts of the Philippines shall have shall mandatory language have original and exclusive jurisdiction. So language. Um do you think that the Philippines even at this point start investigation and prosecution ICC can still assert that they will try the case here in the Philippines that that it is willing and able to prosecute the crimes here in the Philippines?

[00:20:47]>> Most definitely. Uh we are an sovereign nation so we can really do that. And if I may also add, attorney Karen, uh in the same uh without preempting what how the Supreme Court would would rule on this and know uh in the same uh surrender provisional in accordance with uh uh extradition and treaty losses. So reconcile and then very crucial because the Supreme Court issued an administrative matter concerning extradition processes wherein every extradition case will have to go through the process of applying for a warrant before the uh regional trial court. In fact, even if a court would issue a warrant, if they're issuing threat, you you will be a flight extradition question, is that different from IC cases? So much so that uh when a case involves uh uh uh an act against uh humanity a substantial distinction to not to apply the equal protection clause.

[00:22:11]Remember the even the Supreme Court due process and the only exception in due process is when substantial distinction is present. So the the question here is is the uh crime against humanity a substantial distinction.

[00:22:30]>> But at the same time we cannot also take away the reality that every is presumed innocent >> until proven guilty exception equal protection clause. So that we will wait for the Supreme Court to to explain. Do you think determination of all of this?

[00:22:56]You have to justify why the very administrative matter they issue will or will not apply in in previous cases when you are to be extradited all the way up to the to the Supreme Court. potentially focused issue to to rule. So yeah, but what's interesting here is because of that permissive language, Republic Act 9851, at the moment it seems like it's it's left to the executive to exercise you if they want to if they want to prosecute here or if they want to um surrender someone or accuse. But in all instances >> you have to comply with the >> in accordance with the the law in accordance with our law. So really Supreme Court and please no let's uh cut the chase as a former national police chief.

[00:24:23]Senator Bat de la Rosa used to be our PNP chief here in the Philippines. He reportedly owns more than 100 guns. Can authorities confiscate these? And do would they need a court order for that along with >> There is a permit to carry. You have to have it canled first. There there is a process. I suppose so. So outrightly and uh again the declaration that one is a fugitive from justice is judicial. So judicial declaration it might be premature to consider him but for political purposes everybody's free to brand him interest of free speech.

[00:25:11]I love that qualification fugitive from justice. But for us lawyers legally guidelines Supreme Court for labeling someone as a fugitive from justice immigration lookout bulletin um against Senator B. But can a whole departure order be obtained from a court for Senator Bau? Because under Philippine law, it has to be a court that issues a whole departure order.

[00:25:40]>> They can do what they did to the other senators, they could uh seek for a precautionary whole departure order, prevent the senator Batau from uh leaving the country. Nothing prevents the executive and I think that is well within the prerogative of uh the executive department to do.

[00:26:00]>> Okay. Thank you so much, Attorney DJ.

[00:26:02]and thank you for clarifying a lot of the legal issues right that's facing our country right now.

[00:26:08]>> Thank you so much too.

[00:26:10]>> The search for Senator Bau de la Rosa continues but so does the legal debate surrounding the ICC's jurisdiction and the enforcement of its warrants in the Philippines. As the highstakes battle unfolds, the Supreme Court's final ruling could have far-reaching consequences, not just for Senator Batau, but also for other officials linked to the drug war and for the country's relationship with international law itself.

[00:26:38]Be timely informed, be insightful of the news. I'm attorney Karen Himeo. Always stay at the forefront.

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