Lacson: Upon arrest, dela Rosa must be brought to local court before ICC

MANILA, Philippines — Sen. Ronald “Bato” dela Rosa should first be brought before a Philippine court if arrested, before being transferred to the International Criminal Court (ICC), Sen. Panfilo “Ping” Lacson said Wednesday.

According to Lacson, this will allow dela Rosa to avail himself of legal remedies in the country, including seeking relief from the Supreme Court, the country’s highest judicial body.

“That’s part of due process. If he is arrested, he should be brought before a local court, placed under its custody, and allowed to seek legal remedies up to the Supreme Court,” he added in an interview on DZMM radio.

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The senator said the high tribunal “will be the final arbiter in interpreting the law.”

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Lacson clarified that the local court’s role will be largely ministerial, since it will not have jurisdiction to determine dela Rosa’s guilt or innocence in the case being pursued by the ICC.

Nevertheless, Lacson said Philippine laws should be respected and followed.

He cited Section 17 of Republic Act No. 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity.

This law allows Philippine jurisdiction over certain crimes, regardless of where they were committed, provided specific conditions are met.

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The same provision also allows Philippine authorities, in the interest of justice, to dispense with an investigation or prosecution if another court or international tribunal is already conducting proceedings involving the same crime.

Authorities may, instead, surrender or extradite the accused to the appropriate international court or another state, subject to applicable laws and treaties.

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Dela Rosa has been in hiding amid a an ICC warrant issued in connection with his alleged role as a co-perpetrator in former President Rodrigo Duterte’s war against illegal drugs.

The senator is a subject of a manhunt by the Philippine National Police, with a P50-million bounty for his capture.

When Duterte was arrested in March 2025, he was immediately flown to The Hague, Netherlands, where he was detained at the ICC to face charges of crimes against humanity.

Citing what happened to Duterte, Lacson said he was among the senators who signed a resolution expressing the Senate’s position that Filipinos should be protected against extraordinary rendition.

The resolution also stated that Filipinos should be given reasonable time to seek legal remedies before their surrender or extradition from the Philippines.

He also maintained that even subpoenas and summonses issued by foreign or international courts should be coursed through Philippine local courts, which will issue the corresponding legal processes.

Asked, meanwhile, whether he will urge dela Rosa to surrender, Lacson said he cannot make such an appeal because he had no moral ascendancy to do so.

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Lacson recalled that he himself had also gone into hiding during his own legal troubles. /apl