MANILA, Philippines — Sen. Ronald dela Rosa has finally broken his silence following Rodrigo Duterte’s arrest, saying he is willing to join the former president at the detention facility in the International Criminal Court (ICC) after the Supreme Court (SC) denied their petition for an immediate temporary restraining order.
Dela Rosa went online yesterday to dispel rumors that he has gone into hiding amid speculations that he is next to be ordered arrested by the ICC for crimes against humanity.
“If all legal remedies are exhausted and still, justice is to no avail, then I don’t want my family to suffer from cops looking for a heartbeat,” Dela Rosa said in his Facebook post.
“I am ready to join the old man hoping that they would allow me to take care of him,” he added.
He said it was “injustice” for the administration to justify handing over Duterte to the ICC, using a “flimsy alibi” as obligations to the International Criminal Police Organization (Interpol).
“It seems the government is more excited to arrest president Duterte than the ICC itself. They are more excited to arrest Duterte and surrender him to a foreign body than to the local courts,” Dela Rosa said in Filipino by phone.
“I feel betrayed. Betrayed to the max,” he added.
Dela Rosa also rejected the notion that he would evade his arrest warrant, affirming that he is prepared to surrender if an arrest warrant is issued.
He clarified that while the SC denied his request for immediate TRO, he was given a non-extendible period of 10 days from notice to file comment and justify his petition.
“I can run. The Philippines is too wide for me to hide. I can run and I can use some connections to hide,” Dela Rosa said. “I will lead a normal life unless a warrant is served. If it is served, then I’m ready. I’m ready to submit myself to the authorities.”
His statements came after his sudden and unusual disappearance raised concerns among the public and lawmakers.
Dela Rosa was conspicuously absent during events involving Duterte, such as a meeting with overseas Filipino workers in Hong Kong and Duterte’s arrival at the airport before being taken into custody.
In an interview, House Deputy Majority Leader Jude Acidre of Tingog party-list urged the senator to appear and address the public’s concerns.
“This (accountability) is not an option for us elected officials. We have sworn to uphold this… I’m hoping that he can demonstrate to us that he can fulfill his sworn duty to uphold the rule of law,” he said.
However, Dela Rosa denied being missing in action when Duterte was arrested, saying he was busy coordinating with their lawyers to prepare their petition before the SC.
He also clarified that he did not attend the Hong Kong rally due to “intelligence” indicating that both he and Duterte already had arrest warrants.
More ICC warrants
Aside from Dela Rosa and Duterte, more arrest warrants are expected to be issued as the ICC continues its investigation into the deadly war on illegal drugs.
“There will be additional warrants or summons. When it will be issued, we don’t know yet,” former Bayan Muna representative Neri Colmenares, one of the lawyers of the drug war victims, told The STAR.
In a separate interview with GMA News, lawyer Joel Butuyan, who also represents drug war victims’ families, said there were indications that others may also be subjected to arrest warrants.
He noted that Duterte was tagged as “indirect co-perpetrator,” which means that there are others who may face similar charges of crimes against humanity.
Though the other “perpetrators” were not specified, ICC Assistant to Counsel Kristina Conti explained that the tribunal typically prosecutes those deemed “most responsible” for the alleged crimes.
Last year, the ICC prosecutor formally identified Dela Rosa, former PNP chief Oscar Albayalde, former Criminal Investigation and Detection Group chief Maj. Gen. Romeo Caramat Jr., former National Police Commission commissioner Edilberto Leonardo and former PNP chief intelligence officer Brig. Gen. Eleazar Matta as suspects in its ongoing investigation.
Though it’s unclear whether all five will be summoned, their designation as suspects implies that the ICC believes they held enough authority to determine when or where the killings occurred.
What happens next?
Former senator Leila de Lima outlined the next steps following the arrest of Duterte, noting that more arrests by the ICC are likely and that the former president’s arrest is only the beginning of the process.
“I cannot speak for the ICC, but what I know is their plan is like a staggered or piecemeal basis. They took first the former head of state which they think has sufficient basis,” De Lima said.
She explained that under the Rome Statute, Duterte is currently a suspect, not yet a formal accused.
The next step is the confirmation of charges, where he can present his defense before proceeding to trial.
If the charges are validated, a trial will follow, at which point he will officially be accused.
With Duterte now in ICC custody, De Lima emphasized that the court has officially taken jurisdiction of his case, reinforcing its mandate to prosecute alleged crimes against humanity.
Unsurprised by the arrest, De Lima said that the investigation had been progressing toward its final stages.
“We have been waiting for that. Actually, last year there was already news that was circulating,” De Lima revealed. “It was really a historic day for our country and on the part of the victims, the victims’ families and their loved ones.”
Meanwhile, as critics question the decision to surrender Duterte, Malacañang said it would cooperate with the Interpol if it requests the turnover of other individuals facing arrest warrants.
Speaking to Palace reporters at a press briefing yesterday, Presidential Communications Undersecretary Claire Castro said the Philippines is not a member of the ICC but would continue to comply with its commitment with the Interpol.
”As of now, we have not received any information on whether additional arrest warrants will be issued through the Interpol. If ever there will be, our response would be the same. If the Interpol seeks the help of the administration, we would respond to it,” the Palace press officer said.
As for the Philippines’ potential rejoining of the ICC, Castro said there have been no discussions on the matter.
“As of now, there are no talks. We’ll cross that bridge when we get there,” she said.
During a media interview in January last year, Marcos said the government won’t help the ICC on its probe into Duterte’s drug war, saying the court has no jurisdiction over the Philippines.
In November, Executive Secretary Lucas Bersamin suggested that the government might cooperate with Interpol if the ICC requests assistance.
Hours after Duterte’s arrest, Marcos defended the move, emphasizing that the Philippines could not refuse Interpol’s request to turn over the former president, given the organization’s role in tracking fugitives.
Hold others accountable too
While welcoming Duterte’s arrest, rights groups have also emphasized the need to hold other individuals accountable for the killings.
The Free Legal Assistance Group stressed that the former president “is not the only person accountable” and urged the ICC “to issue warrants against the other public officials responsible for the killings.”
For fierce Duterte critic Agnes Callamard, former United Nations special rapporteur on extrajudicial killings and now secretary general of Amnesty International, Duterte “is not the only one suspected of criminal responsibility.”
“It is incumbent on the present government that investigations and prosecutions do not end with his arrest and extend to domestic-level accountability for all those responsible for human rights violations in the ‘war on drugs,’” she said.
The Commission on Human Rights (CHR) echoed this sentiment, emphasizing that “accountability does not rest on one individual alone” and that “all those who participated and were complicit in the violations must be held to account.”
“A fair and impartial legal process is essential in uncovering the truth and, ultimately, holding perpetrators accountable, should guilt be established,” the commission said.
“The pursuit of justice cannot be stalled – every delay prolongs the suffering of those left behind. It bears repeating: the truth cannot be silenced. Accountability must prevail over impunity,” the CHR added. - Janvic Mateo, Alexis Romero, Delon Porcalla, Jose Rodel Clapano