MANILA – The Department of Justice (DOJ) said there is currently no law preventing the Philippine government from coordinating with the International Criminal Court (ICC), even as multiple petitions remain pending before the Supreme Court (SC) over the arrest and transfer of former president Rodrigo Duterte and Sen. Ronald “Bato” dela Rosa.

In a report, it said that Justice Department spokesperson Polo Martinez cited Republic Act 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, saying it allows the surrender of a suspected or arrested individual to an international court or tribunal.

“Same position. Under RA 9851, we may surrender a suspected or arrested person in the Philippines to the appropriate international court or tribunal. The other mode is extradition,” Martinez said.

The DOJ, however, said it is still waiting for guidance from the Supreme Court before taking further steps.

Martinez noted that the agency considers it prudent to await the High Court’s ruling amid ongoing legal questions surrounding cooperation with the ICC.

Following Duterte’s arrest in March 2025, he and dela Rosa filed petitions asking the Supreme Court to stop the government from cooperating with the ICC and the International Criminal Police Organization (Interpol).

Dela Rosa has also submitted a manifestation seeking immediate judicial protection and clarification on the legal effect of the ICC arrest warrant, along with a request for a temporary restraining order.

Petitions filed by the children of Duterte — Veronica “Kitty” Duterte, Davao City Mayor Sebastian “Baste” Duterte, and Davao City Representative Paolo “Pulong” Duterte — remain pending before the Court.

Kitty Duterte has filed a second motion asking the SC to resolve the petitions, citing 14 months of inaction.

The ICC has issued an arrest warrant against dela Rosa for alleged crimes against humanity of murder covering the period from July 2016 to April 2018, during which at least 32 individuals were reportedly killed.

Dela Rosa is currently under Senate protective custody.