MANILA, Philippines – Speculation is mounting over the whereabouts of Senator Ronald “Bato” dela Rosa after reports surfaced that the same procedures used for the attempted arrest of former President Rodrigo Duterte would be implemented if the International Criminal Court (ICC) issues a warrant for his apprehension. This information, attributed to the Department of the Interior and Local Government (DILG), has been overshadowed by unconfirmed reports that the Senator is already in hiding and is actively being sought.

🏛️ The DILG Stance and Mechanical Arrest

According to reports, the DILG intends to execute an arrest warrant for Senator Dela Rosa similarly to how authorities handled the situation with former President Duterte. However, the exact process remains a point of contention among legal experts.

Attorney Chris Conte noted that while the information about a pending warrant, allegedly leaked by Ombudsman Boying Remulla, may not be official confirmation, the critical question is no longer if a warrant will be issued, but when.

Conte clarified the legal mechanics of an ICC arrest, differentiating it from extradition:

Surrender, Not Extradition: Citing the Rome Statute and the Philippines’ RA 9851 (Philippine Act on Crimes Against International Humanitarian Law), Conte explained that the appropriate process is “surrender to the ICC,” not extradition. Extradition involves transferring an individual from one state to another under a foreign warrant, a process that requires approval by local courts.

ICC’s International Jurisdiction: The ICC operates under international law, to which the Philippines previously subscribed. Therefore, when the ICC requests a person, the process is fundamentally different from a foreign extradition request.

Duterte’s Arrest Irregularity: Conte noted that the previous arrest attempt on Duterte, particularly the process of apprehension and boarding a plane, may have contained irregularities according to the Rome Statute, which requires the suspect to first be brought before a local court. This local appearance aims to confirm identity and check on the suspect’s status, similar to an initial ICC appearance.

The core argument remains that if the Senator is arrested, it should be done through the formal mechanism of surrender, requiring judicial oversight, rather than a sudden, unannounced arrest.

🏃 Senator Dela Rosa’s “No-Show” at the Senate

Adding fuel to the speculation of him going into hiding, Senator Dela Rosa was a conspicuous absence at the Senate session’s resumption. The Senate session’s return was significant, not only for the re-election of Senator Ping Lacson as Blue Ribbon Committee Chairman, but also because of the intense focus on Dela Rosa following the budget controversy and the ICC rumors.

Commentary highlighted the highly unusual nature of Dela Rosa’s unannounced absence:

Against Character: Dela Rosa is generally known for being vocal and commenting on virtually every issue, especially those concerning him. His complete silence since the news of the alleged warrant broke is seen as highly uncharacteristic.

No Explanation: He reportedly did not notify the Senate leadership or provide any reason for his non-attendance.

Avoiding a Repeat of Duterte’s Fate: The consensus among observers is that Dela Rosa is determined to avoid the “ambush” scenario that happened to former President Duterte upon his return from Hong Kong, where authorities were reportedly waiting to arrest him.

🛑 Hiding in the Senate? Not a Long-Term Solution

The Senator’s options for evasion are limited. While the Senate premises could potentially offer temporary sanctuary, Senate President Pro Tempore Ping Lacson had previously stated that while the Senate could support him, it could not be a permanent shelter.

Institutional Crisis: Lacson warned that the Senate could not indefinitely shield a senator from law enforcement, as this would provoke an institutional crisis.

Inevitable Surrender: Ultimately, Dela Rosa would be forced to exit the premises to surrender.

Given this reality, commentators concluded that Dela Rosa’s failure to show up at the Senate suggests a calculated decision to avoid being boxed in. If he were to attend the session, a warrant could suddenly be announced, preventing him from leaving the premises without being arrested. By not appearing, he is signaling a clear intention to resist arrest and avoid voluntary surrender.

💸 The High Cost of the ICC Defense

Another compelling factor influencing Dela Rosa’s actions is the immense financial burden of an ICC defense.

Financial Strain: The defense of a case at the ICC, involving international law experts and British lawyers (as reportedly suggested to Dela Rosa by Sara Duterte), is prohibitively expensive.

Duterte’s Support: While the Duterte camp appears to be fully funding the defense of their co-accused, Pastor Quiboloy, Dela Rosa would likely have to bear the costs himself—a financial strain that could be “crippling.”

Attorney Conte suggested that the most financially and legally sound move for Dela Rosa would be to cooperate and surrender now, before the ICC confirms charges. If he is arrested after the confirmation of charges and the scheduling of Duterte’s trial, he would be forced to hire his own expensive legal counsel. If he surrenders earlier, there is a possibility he could be folded into the legal process alongside Duterte, potentially simplifying his defense.

📅 Duterte’s Timeline: Fit-to-Stand Trial Decision Expected

Meanwhile, the legal proceedings concerning former President Duterte are moving forward. The ICC judges are currently reviewing reports regarding his fitness to stand trial.

Judges’ Review: The judges are in possession of all expert medical reports and comments and are expected to render a decision soon.

Timeline: While the ICC is set for a recess from December 12 to January 5, a decision could be made within the next two weeks. If the decision is affirmative, the confirmation of charges hearing could be scheduled for early next year.

Conte stressed that the first decision will be on whether Duterte is fit to stand trial. Only after that will the court schedule the confirmation of charges hearing, where the admissibility and strength of the evidence will be assessed.

In conclusion, the situation surrounding Senator Dela Rosa appears to be escalating from legal speculation to active evasion, suggesting he may be unwilling to follow through on previous statements that he was ready to face the ICC.