FACT CHECK: No, Marcos can’t be arrested for P50-M bounty on Dela Rosa - Rappler
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Claim: The Filipino people can now arrest President Ferdinand Marcos Jr. for fraud and bribery, specifically for pushing for Senator Bato dela Rosa’s arrest by putting a P50-million bounty on his head.
Why we fact-checked this: Makata Ng Bayan, a Facebook user with 1.1 million followers, posted a photo bearing the claim on October 26.
The photo contains text that reads: “Pwede ng arestuhin ng taong bayan si Marcos sa kasong fraud at bribery! Dahil sa panunuhol ng 50 milyon para gipitin si Bato gamit ang pera ng bayan without Philippine warrant.”
(The public can now arrest Marcos for fraud and bribery — specifically for the P50-million bribe used to corner Bato, using public funds without a Philippine warrant.)
The author of the post then wrote: “Pakikalat ng mensahe! Isa ka ba sa matapang na handang umaresto kay Marcos?” (Please spread the message! Are you one of the brave individuals prepared to arrest Marcos?)
Multiple users have already reposted or shared the photo. Commenters have mocked Marcos while taunting others to arrest him.
The post garnered 48,200 reactions, 8,400 comments, and 14,000 shares as of writing.
The facts: Marcos cannot be arrested or sued in any civil, criminal, or administrative case while he is president. There is also no warrant of arrest against him for alleged fraud and bribery mentioned in the claim.
An incumbent president enjoys immunity from suit. Although not explicitly mentioned in the 1987 Constitution, the Supreme Court recognizes an incumbent president’s immunity while serving in office.
This principle protects the president’s ability to carry out his or her responsibilities free from any distractions. Once his or her term ends, the former president may immediately be subject to any civil, criminal, or administrative complaints in relation to incidents before or during his or her presidency.
Palace Press Officer Claire Castro also confirmed on October 27 that Marcos did not personally authorize the bounty. It was Department of the Interior and Local Government Secretary Jonvic Remulla who ordered it.
On October 23, the DILG and the Philippine National Police gave Dela Rosa a one-week deadline to surrender, then offered a P50-million reward for those who could help capture him.
In an interview with Radyo Pilipinas and as quoted in an Inquirer.NET story, Castro said, “It’s not like the President will specifically mention giving him a P50-million bounty. That won’t come from the President himself because this is a strategy, an operation by Secretary Jonvic Remulla and the PNP leadership.”
Warrant for Dela Rosa: There is a legitimate warrant out for Dela Rosa from the International Criminal Court (ICC) for crimes against humanity, alongside former president Rodrigo Duterte.
This international warrant is valid because it covers the period when the country was still a member of the ICC and when drug war killings were still happening. This is provided for in Article 127 of the Rome Statute, which says that a country’s withdrawal of membership does not affect cooperation with ongoing criminal proceedings that had already started before the withdrawal took effect. A member-country’s withdrawal takes effect a year after receipt by the UN Secretary-General of the notification.
On October 28, Dela Rosa’s camp asked the Supreme Court to reverse its earlier decision that denied their plea for a restraining order to prevent use of the arrest warrant against the senator.
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