- Duterte camp challenges DOJ on ICC arrest warrant options
THE CAMP of former President Rodrigo R. Duterte challenged the recent Department of Justice (DOJ) claim that it may utilize the “quicker surrender option” to implement International Criminal Court (ICC) warrants of arrest against Senator Ronald dela Rosa.
In a statement released Wednesday, Nov. 12, 2025, Atty. Salvador Paolo A. Panelo Jr., counsel for Veronica Duterte in the habeas corpus petitions for the former President, argued that “There is no such animal as an ‘option’ to ‘surrender’ Filipinos to the ICC… without prior authority from a Philippine court.”
The statement comes amidst circulating rumors of a potential ICC warrant for Senator Ronald “Bato” dela Rosa, a key figure in the Duterte administration’s anti-drug campaign.
Panelo asserted that the DOJ’s purported “executive mode” of surrender violates fundamental constitutional protections.
He cited Article III, Section 2 of the Constitution, which requires a warrant of arrest to be issued only upon a determination of probable cause by a judge of a competent Philippine court.”
The DOJ has no authority to bypass the judiciary and choose the so-called ‘executive mode’ of ‘surrender,’ to detain and deliver any person subject to an ICC warrant of arrest,” Panelo stated.
He maintained that Sec. 17 of Republic Act No. 9851, which governs crimes against international humanitarian law, must be read alongside the Constitution, necessitating a Philippine court warrant before any surrender or ceding of jurisdiction can occur.
Citing jurisprudence and Rome Statute
Panelo further argued that foreign judgments, including ICC warrants, are not automatically recognized in the Philippines unless confirmed by a local court, citing Rule 39, Section 48 of the Rules of Court.
He noted this position was previously articulated by former Justice Secretary Jesus Crispin Remulla in 2024.
Furthermore, the statement points out that the Rome Statute itself (Article 59 (2)) requires a person arrested to be brought “promptly before the competent judicial authority in the custodial State” (Philippines) to verify the legality of the arrest.
The counsel also reiterated that any option to “surrender” or “cede jurisdiction” under RA 9851 expired when the Philippines’ withdrawal from the Rome Statute became effective on March 17, 2019, thus stripping the ICC of jurisdiction.
Urgent appeal to Supreme Court
The Duterte camp intends to file an urgent motion urging the Supreme Court to immediately resolve the consolidated habeas corpus petitions filed on behalf of former President Duterte.
Panelo hoped that the resolution would “provide the necessary judicial guidance to put a stop to this administration’s shameless constitutional violations for the sake of political gain,” and directed the government to facilitate the “long overdue repatriation” of the former President.
