THE Department of Justice (DOJ) is considering two options should the International Criminal Court (ICC) issue an arrest warrant against former Philippine National Police (PNP) chief now Senator Ronald “Bato” dela Rosa.
In a press conference Tuesday, November 11, 2025, Chief State Counsel Dennis Arvin Chan said they have not seen or received a copy of the supposed arrest warrant issued by the ICC against Dela Rosa.
Should there be one, he said Dela Rosa may undergo either of the processes — extradition or surrender.
“Theoretically speaking, the faster approach would be surrender because if we go through the extradition route, there will be a request for extradition coming in through the Department of Foreign Affairs. It will be transmitted to the DOJ for evaluation. We will file it in the proper trial court,” he said.
Chan said that while surrendering Dela Rosa to the ICC would be faster, they are still considering the pending consolidated petition of habeas corpus filed by the children of former President Rodrigo Duterte before the Supreme Court (SC).
Duterte was arrested in March on the basis of the arrest warrant issued by the ICC amid its investigation on the alleged crime against humanity in the country during the implementation of his drug war.
He was immediately transported to The Hague in Netherlands and was turned over to the ICC.
Duterte is currently detained at The Hague Penitentiary Institution, or the Scheveningen Prison.
Following Duterte’s arrest, his children Sebastian and Veronica filed a petition for habeas corpus, a court order that demands the presentation of an imprisoned person to the court and show good cause for their detention.
Davao Representative Paolo Duterte, for his part, filed a petition for habeas corpus, certiorari and prohibition for their father’s discharge from what they claimed as illegal confinement and detention, and temporary restraining order and/or writ of preliminary injunction to command the respondents to desist from cooperating with the ICC, as well as the International Criminal Police Organization Manila (Interpol).
“As a matter of practicality or propriety, we may have to wait for the SC to decide on the issue because our position, that is the one being questioned by the camp of the former President,” Chan said.
“Maraming kailangang timbangin. Maraming kailangan na tignan na aspeto from different angles,” he added.
(There are many things that need to be weighed. There are many aspects that need to be looked at from different angles.)
Chan maintained that the Philippines should comply with the ICC arrest warrant, noting the “principle of reciprocity.”
“We live in a world of interconnected countries and nations na we belong to an international community of nations. Even we may not be part of the ICC anymore, there is still that principle of reciprocity that governs between relations among nations and in fact, reciprocity and comity, so while legally hindi tayo ma-compel ay meron din tayong tinitimbang on the diplomatic implication,” he said. (TPM/SunStar Philippines)
