MANILA — The Department of Justice (DOJ) said it will wait for the Supreme Court (SC) to resolve pending petitions before taking action on any arrest warrants that may be issued by the International Criminal Court (ICC) against the alleged co-perpetrators of former president Rodrigo Duterte in the illegal drugs killings.

DOJ spokesperson Raphael Niccolo L. Martinez made the statement following the ICC’s issuance last Feb. 13 of a 16-page Document Containing the Charges (DCC) identifying eight alleged co-perpetrators.

The ICC named the following officials:

• Sen. Ronald “Bato” Dela Rosa, former Philippine National Police (PNP) chief
• Sen. Christopher Lawrence “Bong” Go
• Former NCRPO directors Vicente Danao and Camilo Cascolan
• Former PNP chief Oscar Albayalde
• Former National Bureau of Investigation director Dante Gierran
• Former Philippine Drug Enforcement Agency chief Isidro Lapeña
• Former DOJ secretary Vitaliano Aguirre II

Martinez noted that Duterte’s arrest on March 11, 2025, and his subsequent turnover to the ICC, are still being challenged in the SC, along with petitions filed by Duterte’s children for writs of habeas corpus.

“The DOJ takes the position that it will be prudent to wait for the resolution of the Supreme Court before it acts upon any alleged warrant should one be issued,” Martinez said, adding that any action regarding the eight individuals is considered an executive prerogative.

He explained that under Republic Act 9851, the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, an international court can exercise jurisdiction over a person in the country only through extradition or surrender.

Although the Philippines has withdrawn as a state party to the ICC, Martinez reminded that the country remains a member of Interpol.

“Kung nag-isyu ho kunwari ang Interpol ng red notice or nag-ask sa atin for assistance in executing a warrant issued by the ICC, we must still have to comply because we are still a member,” he said, warning of unspecified consequences if the country fails to comply.

Since last year, Duterte has been detained at the ICC’s prison facility in The Hague, Netherlands, facing charges of crimes against humanity.