The Office of the Solicitor General urged the Supreme Court to deny former Senator Ronald “Bato” dela Rosa’s plea for the issuance of a temporary restraining order against the alleged ICC arrest warrant issued against him.

In a 37-page comment, the OSG said that the manifestation failed to establish an actual case or controversy and that it neither raises a legal question that is ripe for adjudication nor presents a constitutional breach.

“[T]he manifestation is but a preemptive measure to prevent Respondents from acting on the alleged ICC arrest warrant issued against Senator Dela Rosa,” it said.

“Without any completed action or a concrete threat of injury to the petitioning party, the act is not yet ripe for adjudication. It is merely a hypothetical problem,” it added.

In November, Dela Rosa asked the SC to issue a TRO that would bar the government from enforcing any ICC warrant, red notice, or surrender request, lending assistance to the ICC, and transmitting any ICC-related communication.

This is a manifestation to the petition that Dela Rosa and former President Rodrigo Duterte filed in March following the latter’s arrest and subsequent transfer to The Hague. The petition sought to prevent the government from cooperating with the ICC in enforcing arrest warrants, summons, or requests.

This came after Ombudsman Jesus Crispin Remulla said that the ICC has reportedly issued a warrant against the senator, a claim that both the ICC and the Department of Justice have yet to confirm.

According to the OSG, the manifestation fails to show actual case as it does not refer to concrete facts showing the actual denial or imminent danger to Dela Rosa’s right to due process.

It said that the petitioners are citing news articles and Remulla.

“Again, apart from their complete reliance on online news articles, Petitioners have shown no proof of the existence of the alleged arrest warrant and diffusion order supposedly issued by the ICC,” it said.

“In relation thereto, the government, to date, has not implemented any ICC-issue warrant of arrest against Senator Ronald Dela Rosa,” it added.

The OSG also argued that the manifestation should have been a separate petition.

“As mentioned, Senator Dela Rosa is seeking forms of relief that are personal and redound exclusively to his benefit,” it said.

Meanwhile, in a statement, Dela Rosa’s legal counsel, Atty. Israelito Torreon said that the OSG’s current stand contrasts its previous position.

To remind, the OSG under former Solicitor General Menardo Guevarra recused itself from petitions filed by former President Rodrigo Duterte’s children, who are seeking his release and return from The Hague, Netherlands.

In recusing itself, the OSG stated it “may not be able to effectively represent Respondents in these cases” due to its firm stance that the ICC has no jurisdiction over the Philippines.

“If the OSG truly believed the case to be speculative or premature, it could have simply said so in March 2025. Instead, it invoked ethical constraints, conflict of interest, and the sensitivity of related ICC issues as the core basis of its withdrawal,” Torreon said.