Palace says EJK victims sought protection too, as Bato tearfully pleads with BBM to shield him from ICC

Malacañang on Tuesday, May 12, pushed back at Senator Ronald “Bato” dela Rosa’s emotional plea to President Ferdinand Marcos Jr. to protect him from the International Criminal Court (ICC) arrest warrant.

Press Undersecretary Claire Castro pointedly noted that the victims of extrajudicial killings or EJK had also sought protection from the government.

Dela Rosa had broken down in tears during an ambush interview earlier that day, saying “Tao lang ako, hindi ako robot,” as he appealed to the President not to surrender him to the ICC.

“‘Yung mga EJK victims ay humihingi rin po ng proteksyon sa gobyerno. So ang akusadong katulad ni Senator Bato ay humihingi na ng proteksyon. Lahat naman po ay bibigyan ng proteksyon na naaayon sa batas,” Castro said during the press briefing at Malacañang.

Dela Rosa had earlier appealed directly to Marcos, arguing that it is the President’s moral obligation—beyond his constitutional mandate—to protect every Filipino from being brought before a foreign jurisdiction.

“Ako ngayon ay umaapila sayo: sana alagaan mo ang bawat Pilipino na hindi madala sa ibang bansa,” the senator said.

Castro, however, said that if dela Rosa is arrested, all his rights as an accused will be afforded to him. “Kung maaaresto man po siya, lahat ng karapatan bilang isang akusado ay ibibigay po sa kanya,” she said.

On the legal framework governing the ICC arrest warrant, Castro said that under Republic Act 9851, the government has two options—surrender or extradition—and that it is this domestic law, not the Rome Statute, that now governs enforcement of the warrant.

“Ang umiiral po na batas sa atin ay ang R.A. 9851, at yun po ang ipapatupad sa anumang pagkakataon,” she said.

Castro also addressed the Senate’s decision to place dela Rosa under protective custody, acknowledging that the legislative immunity from arrest enjoyed by members of Congress has limits.

“Kapag po ang isang krimen na nagawa ay may penalty na more than six years, hindi po mag-a-apply itong pribilehiyo na ito,” she said.

When asked whether the Palace would intervene if the Senate continued to shield dela Rosa from arrest, Castro stopped short of committing to a specific course of action, but warned that no one should abuse their authority.

“Wala dapat na mang-aabuso ng kanilang kapangyarihan,” she said, adding that the President’s standing order to all law enforcement agencies is to follow what the law says.

On the question of whether the Philippines should rejoin the ICC, Castro said the President’s last known position was against rejoining, though she left the door open for future review.

“Ang huli niya pong sinabi ay hindi pa po magre-rejoin. So kung kinakailangan po sigurong aralin sa mga susunod na araw ay hindi naman po sarado ang Pangulo diyan,” she said.