By Benjamin Cuaresma
MANILA — The Supreme Court En Banc has denied the request of Senator Ronald Dela Rosa for a temporary restraining order (TRO) and status quo ante order (SQAO) that would have prevented authorities from arresting him based on a possible warrant issued by the International Criminal Court (ICC).
In a resolution dated May 20, 2026, the High Court ruled that Dela Rosa failed to establish the legal requirements necessary for the issuance of injunctive relief.
The petition stemmed from fears that the senator could be arrested through an ICC warrant, Interpol Red Notice, or other foreign judicial processes without a Philippine court warrant. Dela Rosa argued that such an arrest would violate his constitutional rights to liberty, due process, and freedom from unreasonable seizure.
The senator also cited alleged incidents around the Senate compound on May 13, 2026, including the reported presence of National Bureau of Investigation operatives and an alleged attempt by armed men to enter the Senate premises.
However, the Court said Dela Rosa failed to prove he had a “clear and unmistakable right” that required immediate protection through a TRO.
According to the tribunal, the issues raised by the senator — including the enforceability of a possible ICC warrant after the Philippines’ withdrawal from the Rome Statute — still require full legal determination in the main petition filed jointly by Dela Rosa and former President Rodrigo Roa Duterte.
The Court stressed that injunctions cannot be issued to protect rights that are still “contingent, abstract, or future.”
The magistrates also noted that Dela Rosa had been placed under “protective custody” by the Senate, which they said prevented any immediate arrest. The Court likewise took judicial notice of President Ferdinand Marcos Jr.’s public statement that he had not ordered the senator’s arrest.
In denying the request, the Court said Dela Rosa failed to show that he faced actual and irreparable injury that would justify emergency judicial intervention.
The tribunal further warned against issuing orders that could effectively resolve the main case before a full trial and determination of constitutional issues.
The resolution also pointed out that several claims in Dela Rosa’s urgent manifestation were based on unverified reports and allegations, emphasizing that the Supreme Court “is not a trier of facts.”
Voting records showed several justices issued separate concurring and dissenting opinions on the matter.
The main petition questioning the government’s possible cooperation with the ICC remains pending before the Supreme Court.
IA/XF
