Marilyn Cahatol

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Adrian Ayalin

ABS-CBN News

<div><span class="fr-img-caption fr-fic fr-dib" style="width:960px;display:block" width="960"><span class="fr-img-wrap"><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/177970769827320220824-supreme-court-facade-gc-9 (2).jpg" style="width:960px" class="fr-fic fr-dib" width="960"/><span class="fr-inner" style="text-align:left">The Supreme Court building in Padre Faura, Manila on Aug. 24, 2022. <em>George Calvelo, ABS-CBN News/File </em></span></span></span></div><p>MANILA — The Supreme  Court on Monday released to the public the resolution, including the separate concurring and dissenting opinions of justices, on the <a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2026/5/20/sc-rejects-bato-dela-rosa-s-tro-request-vs-icc-warrant-1422">denial of the request of Senator Ronald Dela Rosa for a Temporary Restraining Order</a> against the issuance of the International Criminal Court of an arrest warrant against him.</p><p>Last week, voting 9-5-1, the high court denied the TRO of Dela Rosa as well as his request for the declaration of a Status Quo Ante Order.</p><p>The five justices who dissented were: Associate Justices Amy Lazaro-Javier, Ramon Paul Hernando, Ricardo Rosario, Antonio Kho, Jr. and Henri Jean Paul Inting.</p><p>Associate Justice Japar Dimaampao was on leave.</p><p>According to Lazaro-Javier, to deny Dela Rosa the provisional reliefs is to expose him to harm that the law recognizes as intolerable.</p><p>&quot;To capture a citizen and hand him over to an international body by executive fiat is to usurp the judiciary&#x27;s exclusive constitutional role and to erode the bedrock principle of separation of powers,&quot; Lazaro-Javier said.</p><p>Lazaro-Javier also stated that enforcement of an &quot;alien arrest&quot; and surrender process  without judicial oversight would allow the executive branch of government, through police action, to deprive a citizen of liberty without a judicial  finding of probable cause.</p><p>&quot;Once surrendered, no writ of habeas corpus, no petition for certiorari, no mandamus, and no subsequent ruling of this Court - no matter how favorable - can retrieve him from foreign custody or restore the constitutional protections denied to him,&quot; Lazaro-Javier said.</p><div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2026/5/25/dela-rosa-s-wife-asks-judiciary-don-t-be-an-accessory-to-bringing-my-husband-to-the-hague-1346">Dela Rosa’s wife asks judiciary: ‘Don&#x27;t be an accessory to bringing my husband to The Hague’</a></div><p>In the main resolution of the court denying the TRO, the SC said Dela Rosa failed to establish an urgent need for the issuance of a TRO to prevent irreparable injury. </p><p>The court further said injury is deemed irreparable when there is no standard by which its amount can be measured with reasonable accuracy.</p><p>&quot;The possibility of irreparable damage, without proof of an actual existing right, is not a ground for injunction,&quot; the SC said.</p><p>In her separate concurring opinion, Associate Justice Maria Filomena Singh reiterated that Dela Rosa failed to satisfy the requisites for the issuance of injunctive relief. </p><p>Singh also noted Dela Rosa&#x27;s actions prior to the filing of the applications for injunctive relief which show that his conduct has been tainted with bad faith, including evading the legal processes for six months, only to return to the Senate for a leadership election.</p><p>&quot;As a final note, the main issue in this case is accountability, under our Constitution, under our local laws, under the Rome Statute, under general principles of international law, as correctly framed by the parties,&quot; Singh said. </p><div><br/></div><div><strong>RELATED VIDEO:</strong></div><div style="text-align:center"><iframe width="960" height="540" src="https://www.youtube.com/embed/Tl2MnnI-LDs?si=TGyupt2Kwpd-WP3_" title="YouTube video player" frameBorder="0" allowfullscreen=""></iframe></div>

<p>“To capture a citizen and hand him over to an international body by executive fiat is to usurp the judiciary's exclusive constitutional role and to erode the bedrock principle of separation of powers,” Lazaro-Javier said.</p>

“To capture a citizen and hand him over to an international body by executive fiat is to usurp the judiciary's exclusive constitutional role and to erode the bedrock principle of separation of powers,” Lazaro-Javier said.

SC justice says handing Dela Rosa to int’l body will 'usurp judiciary’s role'

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SC justice says handing Dela Rosa to int’l body will 'usurp judiciary’s role'

Adrian Ayalin,

ABS-CBN News

Published May 25, 2026 07:25 PM PHT

|

Updated May 26, 2026 09:57 AM PHT

Read More:

Bato Dela Rosa

Supreme Court

Amy Lazaro-Javier

TRO

International Criminal Court

ICC

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