Warrant in the Wind: Bato’s Last Stand or Manila’s Final Farce?

RA 9851: Sovereignty Shield or Surrender Ticket?

By Louis ‘Barok‘ C. Biraogo — November 11, 2025

Midnight Summons from The Hague

Shadows creep through the Senate. A sealed envelope from the International Criminal Court (ICC)—slips past guards like a death notice. Senator Ronald “Bato” Dela Rosa, once the drug war’s grim reaper, now flinches at every ring of his phone. Whispers of a warrant, a diffusion order, Interpol’s invisible noose. Panic in Malacañang. Panic in the PNP. The ghost of tokhang doesn’t sleep—it hunts. Is this justice? Or just the next episode of As the Senate Burns?

**Bato’s Last Ride: From Tokhang to The Hague**

The Legal Charade: Torreon’s Paper Tiger Roars

Cue Israelito Torreon and his firm of legal magicians—Torreon and Partners—waving Republic Act 9851 (RA 9851) like a broken crucifix. Their claim? The government cannot use Section 17 to surrender Bato. No extradition treaty? No surrender. Rome Statute withdrawal in 2019? Treaty obligations poof—gone. Section 17 needs Senate concurrence, judicial blessing, a blood oath under a full moon.

Brilliant legal fortress? Please. This argument leaks like a barrel full of bullet holes.

Let’s dissect the farce:

“Section 17 isn’t self-executing!” — Sure. But RA 9851 was passed to enable ICC cooperation. Section 17 says authorities may surrender “in the interest of justice.” No treaty required if domestic law says go. Torreon’s reading? A deliberate statutory straitjacket.
“Withdrawal killed cooperation!” — Cute. The Philippines withdrew from the Rome Statute on March 17, 2019 (UN Treaty Collection). But ICC jurisdiction over pre-withdrawal crimes? Locked in (ICC Appeals Chamber, 2021). Legacy crimes don’t vanish with a resignation letter.
“No extradition = no surrender!” — False dichotomy. Extradition is state-to-state. Surrender is state-to-tribunal. RA 9851 created a distinct mechanism. Torreon wants you to ignore the law’s purpose: to end impunity.

This isn’t defense. It’s delay porn. A Hail Mary wrapped in legalese, praying the Supreme Court buys the sovereignty sob story while the 6,000+ dead rot in silence.

The Government’s Quagmire: Duterte’s Ghost vs. Marcos’ Spine

Now the Marcos administration—caught between The Hague and a hard place—eyes Section 17 like a loaded gun.

Precedent? In March 2025, they surrendered Rodrigo Duterte to the ICC (Rappler, 13 Mar 2025). No treaty. No extradition circus. Just a quiet flight. Was it lawful? Or political betrayal in a suit?

RA 9851 isn’t a monster—it’s a tool. It allows voluntary cooperation “in the interest of justice.” No Senate vote needed for executive discretion. No treaty required when the law says surrender.

But here’s the real question:

Does Marcos have the spine to face the international music—or will he cower behind “sovereignty” like Duterte did until the cameras died?

Cooperation = alienating the Duterte bloc.
Defiance = sanctions, travel bans, and a pariah stamp from the EU.

The Chessboard of Power: Game of Thrones, Manila Edition

Forget law. This is power.

Government Playbook

Move	Risk	Reward
Stonewall	ICC escalates, Interpol Red Notice	Buys time, appeases DDS
Judicial Jujitsu	Delays via SC, looks “lawful”	Avoids backlash, controls narrative
Throw Bato to the Wolves	Senate revolt, midterm losses	Wins human rights cred, buries Duterte era

Bato’s Desperation Menu

Move	Dignity Cost	Survival Odds
SC Pity Party	Begs for TRO, cries victim	40% (Court leans Marcos)
Martyrdom Tour	#BatoPersecuted on X	Rally DDS, lose moderates
Fugitive Chic	Hide in Russia/China	Freedom = zero dignity

Every delay = another mother denied closure.

The Fallout: Impunity’s Final Act?

Legal: If the Supreme Court plays politics, RA 9851 dies. Impunity wins. Another generation learns: kill in uniform, retire in power.
Political: Cooperation fractures the UniTeam. Defiance unites nationalists—but isolates us globally.
International: Defiance = laughingstock. Cooperation = rejoining civilization—at the cost of pride.
Human Cost: Over 6,000 dead. Thousands missing. When does their justice outweigh the comfort of the living?