MANILA – A former law dean said the International Criminal Court (ICC) arrest warrant against Sen. Ronald “Bato” dela Rosa should first be evaluated by a local court before it is enforced in the country.

Lawyer Amado Valdez, former dean of the University of the East College of Law, said in a media report that Philippine courts should determine whether there is legal basis to implement the warrant or if it violates national sovereignty.

“Idaan mo sa court. I-evaluate ng court kung meron bang prima facie for the warrant of arrest o kaya does it violate our sovereignty,” Valdez said on Super Radyo dzBB.

He added that asserting judicial review is part of demonstrating state sovereignty.

“We have to exercise acts of sovereignty para ipakita natin that we are an independent sovereign nation,” he said.

Other legal experts, however, have taken a different position, saying a local warrant is not required for enforcement of ICC-issued arrest orders.

Dela Rosa is the subject of an ICC warrant for “alleged criminal responsibility as an indirect co-perpetrator” in crimes against humanity involving murder from July 3, 2016 to April 2018, where at least 32 individuals were reportedly killed.

Authorities reportedly attempted to serve the warrant on May 11, triggering a pursuit inside the Senate building. Dela Rosa was later placed under Senate protective custody before leaving the premises on May 14, after which his whereabouts became unknown.

He has since filed supplemental motions before the Supreme Court challenging the warrant’s implementation.

The Office of the Solicitor General (OSG) has asked the Supreme Court to deny his petition, arguing that “fugitive disentitlement should also apply to him.”

In an 83-page filing under G.R. No. 278747, the OSG asked the Court to reject Dela Rosa’s motions for lack of merit.

Valdez, meanwhile, stopped short of calling Dela Rosa a fugitive, saying the senator is “loose.”

Former Pamantasan ng Lungsod ng Maynila president and law dean Atty. Jose “Judd” Roy III, however, said Dela Rosa should already be considered a fugitive.

“Kung hindi pala siya inaaresto, bakit binibigyan ng protective custody. Ngayon ina-aresto na daw, ayaw naman lumitaw, eh di fugitive na talaga ‘yan,” Roy said.

He added that the circumstances surrounding the grant of protective custody raised questions, noting that authorities were already aware of the arrest efforts at that time.

Roy said Dela Rosa should first be arrested before pursuing judicial remedies.