The Philippine Department of Justice confirmed Tuesday that the country has legal authority to surrender suspects to the International Criminal Court, a statement that transforms Manila's political standoff over Senator Ronald dela Rosa into a potential constitutional crisis.
Atty. Polo Martinez, DOJ spokesperson, told reporters that Republic Act 9851—the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity—explicitly provides for surrender to international tribunals. "Under RA 9851, we may surrender a suspected or arrested person in the Philippines to the appropriate international court or tribunal," Martinez said.
The clarification came hours after Melvin Matinag, director of the National Bureau of Investigation, indicated his agency would consult the DOJ on implementing the ICC arrest warrant issued against dela Rosa, who has remained inside the Senate building since the warrant became public.
Dela Rosa, a former Philippine National Police chief during President Rodrigo Duterte's administration, faces ICC charges related to alleged crimes against humanity stemming from the drug war that killed thousands between 2016 and 2022. The senator has invoked parliamentary immunity and refused to leave the Senate premises.
The DOJ position creates a legal pathway that bypasses traditional extradition procedures. RA 9851, enacted in 2009, was designed to bring Philippines law into compliance with the Rome Statute, even though Manila withdrew from the ICC in 2019 under Duterte. Legal experts note the law remains valid domestic legislation regardless of ICC membership status.
The standoff has paralyzed Senate proceedings, with 's allies warning that any NBI move inside the chamber would violate legislative independence. But constitutional law scholars point out that RA 9851 makes no exception for sitting legislators, creating a collision between judicial authority and parliamentary privilege.
