
MANILA — The Supreme Court (SC) has denied Senator Ronald “Bato” Dela Rosa’s request for a temporary restraining order (TRO) or status quo ante order (SQAO) against his possible arrest over a warrant issued by the International Criminal Court (ICC).
In an eight-page decision released Monday night, the SC voted 9-5-1 to reject Dela Rosa’s application “for lack of merit.”
The high court said the issuance of a TRO requires the applicant to establish a clear and unmistakable right that must be protected, as well as proof of a material and substantial violation of that right.
The SC also said there must be an urgent need to issue the writ to prevent irreparable injury and that no other adequate legal remedy is available.
“A TRO is issued only if the matter is of such extreme urgency that grave injustice and irreparable injury will arise unless it is issued immediately. Senator dela Rosa has a burden of proof to show that there is a meritorious ground for the issuance of a TRO in his favor. This, he failed to do,” the court said.
The tribunal stressed that the authority to issue a writ of preliminary injunction should be exercised cautiously and sparingly.
It also noted that Dela Rosa’s urgent manifestation contained “unverified reports and allegations.”
Dela Rosa sought relief from the SC after alleging that agents of the National Bureau of Investigation attempted to arrest him on May 11 in connection with an ICC warrant.
He also claimed that the NBI’s reported presence in the Senate on May 13 posed threats to his constitutional rights, including liberty, due process, and freedom to remain within Philippine territory.
Dela Rosa served as chief of the Philippine National Police during former president Rodrigo Duterte’s anti-drug campaign.
In a concurring opinion, Associate Justice Benjamin Caguioa said the court should not shield public officials accused of grave offenses from legal accountability.
“The court should strongly guard against being used as a politically convenient doormat, for the wiping of those who are charged with blood on their hands,” Caguioa said.





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