MANILA, Philippines – The Philippine Department of Justice (DOJ) on Wednesday, May 13, reiterated that the Philippine government can surrender suspects to international courts, based on local law.

“Under [Republic Act No.] 9851, we may surrender a suspected or arrested person in the Philippines to the appropriate international court or tribunal. The other mode is extradition,” DOJ spokesperson Prosecutor Rafael Martinez told reporters.

The DOJ issued the clarification after it was asked if local law allows the Philippine government to cooperate with the International Criminal Court (ICC). The tribunal recently unsealed its warrant against Senator Bato dela Rosa.

Dela Rosa, the first Philippine National Police (PNP) chief who implemented former president Rodrigo Duterte’s drug war, is facing a warrant after he was found to be allegedly criminally liable for crimes against humanity. This case covers the alleged killings under the war on drugs and by the Davao Death Squad.

The National Bureau of Investigation tried implementing the warrant on Monday, May 11, but failed.

As of writing, Dela Rosa remains in the Senate to evade arrest in line with the Senate’s supposed “no arrest” tradition within its compound. Law experts and former lawmakers, however, said this has limitations and that Dela Rosa may be arrested within Senate premises.

Aside from this, some senator allies of Dela Rosa are claiming that the former PNP chief can only be arrested based on a local warrant.

The premise is both problematic and unnecessary because of Republic Act No. 9851’s (RA 9851) application on suspects who are subjects of an international warrant.

RA 9851 or the “Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity” is a local law that transformed international criminal law into a domestic law.

Its section 17 states: “Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court, if any, or to another State pursuant to the applicable extradition laws and treaties.” 

This was the same basis used by the Marcos administration when it arrested Duterte in 2025.

“Basically domestic law is allowing local authorities to step back and allow another court (regional or international) to step in. So, to that extent, it’s in perfect compliance with RA No. 9851, which has already provided for this possibility,” international lawyer Priya Pillai said in 2025. – Rappler.com