The Supreme Court (SC) has voted 9-5-1 to deny Sen. Ronald “Bato” dela Rosa’s application for a temporary restraining order (TRO) or status quo ante order (SQAO) against his possible arrest over the warrant issued by the International Criminal Court (ICC) “for lack of merit.”
In an eight-page decision released Monday night, the SC said for a TRO to be issued, the applicant must have a clear and unmistakable right to be protected and a material and substantial invasion of this right.
The court also said there must be an urgent need for the writ to prevent irreparable injury to the applicant, and no other adequate remedy exists to prevent the irreparable injury.
“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 SC said.
The high court said the power to issue a writ of preliminary injunction “should be exercised sparingly, with utmost care, and with great caution and deliberation.”
It also noticed that the very urgent manifestation filed by dela Rosa “is filled with unverified reports and allegations.”
Sen. dela Rosa sought a TRO after claiming that the National Bureau of Investigation (NBI) agents attempted to arrest him pursuant to an ICC warrant on May 11.
The lawmaker also cited that the NBI’s intrusion on May 13 at the Philippine Senate constitutes direct, clear, and material threats to his constitutional rights to liberty, due process, and to remain within Philippine territory.
The senator served as the Philippine National Police chief at the height of the deadly war against illegal drugs by former President Rodrigo Duterte, from July 2016 to April 2018.
In his concurring opinion, Associate Justice Benjamin Caguioa said the court “should not come to the rescue of an individual, a public officer no less, who is charged with mass murder, and who is being brought before the ICC to face the consequences of his actions that flouted the rule of law with impunity.”
“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,” he added. (PNA)
