Procedures to Surrender a Person to the ICC in contemplation of Philippine laws
This is not a peace process roadmap.
Recently, NBI/PNP/CIDG and other state apparatus are finding Senator Bato Dela Rosa. After reading some documents (hindi pa ako tapos magbasa) pertaining to the SC's explanation of the denial of TRO, I'm trying to figure out how the incumbent administration is dealing with the case within the context of RA 9851 (Sec 17).
The assumptions in this infographic is that the (1) procedural steps of ICC's request to "surrender" Sen. Dela Rosa are within the ideal procedure as contemplated by RA 9851; and (2) Senator Bato can avail of judicial remedies which were recently cited in the decisions of some SC justices (implicitly or explicitly).
The assumption also include the possibility that the government authorities will kowtow the (1) historical political move to perform an extraordinary rendition (a.k.a. kidnapping) as what transpired in the case of FPRRD, precisely because the (2) authorities relied on executive discretion.
When the International Criminal Court knocks on a door seeking the surrender of an individual under Section 17 of Republic Act No. 9851, the process begins, as it must, with a formal request transmitted through diplomatic channels to the Department of Foreign Affairs and the Department of Justice. Here, the executive must make a threshold political determination: whether to officially dispense with domestic prosecution in deference to the international tribunal. This choice is restricted strictly to universally condemned atrocities—genocide, war crimes, and crimes against humanity—which our own laws recognize as offenses against conscience.
However, under the Philippine constitutional framework, the executive’s agreement does not carry the force to order for an arrest without the judicial issuance of arrest warrant.
Once the executive chooses to act on the request, the process moves strictly into the judicial sphere, as executive officials cannot unilaterally execute a foreign arrest warrant.
The DOJ must file a formal petition or application for surrender before a designated Regional Trial Court (RTC) tasked by the Supreme Court with handling international humanitarian law cases. A Philippine RTC judge is then constitutionally required to independently review the ICC’s evidence. To satisfy Article III, Section 2 of the 1987 Philippine Constitution, the judge must personally determine that domestic probable cause exists before converting the ICC request into a valid Philippine warrant of arrest.
Following the individual's arrest by domestic law enforcement, rigorous due process guarantees prevent any immediate or summary deportation. The subject must be brought directly before the presiding RTC judge for formal presentation, where their rights to legal counsel and humane treatment are secured. The court then conducts a comprehensive hearing on the surrender order, providing the accused with a legitimate window to mount legal defenses, apply for bail under stringent conditions, or file a Petition for Habeas Corpus.
Only after the RTC rules that all statutory requirements and constitutional protections are satisfied—and any subsequent appeals to the Supreme Court are exhausted—will a final surrender order be executed, legally authorizing local authorities to transfer custody of the individual to ICC officials.