MANILA – The Supreme Court has declined to issue a temporary restraining order (TRO) sought by former President Rodrigo Duterte and Senator Ronald “Bato” Dela Rosa in their petition challenging government actions against them.

In a resolution dated March 12, the Court En Banc required government officials named as respondents to submit their comments within 10 days but did not give due course to the petition. The decision effectively denies the petitioners’ urgent request to halt government proceedings against them.

Duterte and Dela Rosa, both facing potential International Criminal Court (ICC) proceedings, filed the petition on March 11. They sought to prevent Philippine authorities from cooperating with the ICC, specifically asking the court to block any enforcement of ICC-issued warrants or red notices against Duterte and halt all forms of collaboration while the case is under review.

The case involves high-ranking officials, including Executive Secretary Lucas Bersamin, Justice Secretary Jesus Crispin Remulla, and Interior Secretary Jonvic Remulla, among others. Other respondents include top officials from the Department of Foreign Affairs, the Armed Forces of the Philippines, and the Bureau of Immigration. Duterte and Dela Rosa, both linked to the administration’s controversial war on drugs, had sought legal relief amid growing scrutiny of past government policies.

ICC Jurisdiction Dispute

Duterte’s legal team argued that the Philippines’ withdrawal from the Rome Statute in 2019 nullified the ICC’s jurisdiction over the country. However, international legal experts maintain that the ICC retains authority to investigate crimes committed before the withdrawal took effect.

The Supreme Court, in response, conducted a special raffle to assign the case due to its significance. The petition was filed just hours before Duterte reportedly left for The Hague, Netherlands, prompting speculation over his next steps.

The Supreme Court also noted—but did not act upon—a “Very Urgent Manifestation” filed by the petitioners on March 11, reiterating their plea for an injunction. Government officials are expected to submit their responses within the required timeframe.

The rejection of the TRO means authorities may continue cooperating with the ICC investigation. However, the Supreme Court is still set to review the broader legal arguments presented by Duterte’s team. The case underscores ongoing tensions between the former president and international legal institutions, as calls for accountability over his drug war persist.

Background: Duterte and the ICC Investigation

The ICC launched an investigation into Duterte’s anti-drug campaign, known as “Oplan Tokhang” and “Double Barrel,” which human rights groups say led to thousands of extrajudicial killings. Duterte has consistently denied wrongdoing and dismissed the ICC’s authority over the Philippines. His former police chief, Senator Dela Rosa, a key architect of the “war on drugs,” is also implicated in the investigation.

The Supreme Court’s decision adds another layer of complexity to Duterte’s legal battle, with both domestic and international legal frameworks at play. Whether the ICC will seek his arrest remains to be seen, but the government’s response will be closely watched by legal observers and human rights advocates.

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