‘ARBITRARY’ DETENTION
INSISTING that the Senate is not a platform for any personal political objectives, Senate President Francis “Chiz” Escudero asserted that the arrest and detention order issued against Ambassador Markus Lacanilao did not follow proper Senate procedure and lacked his mandatory approval.
In a formal statement, the Senate Chief clarified that Senator Imee Marcos who chairs the Senate Committee on Foreign Relations investigating the surrender of former President Rodrigo Duterte to the Hague said that the detention of Ambassador Lacanilao was done without the requisite approval and due process.
“I will not allow the Senate nor the Office of the Senate President to be used to further petty partisan interests, especially by those actively seeking reelection in the coming May midterm polls. The Senate is an institution of reason and rule; it is not a tool to be leveraged for propaganda or self- promotion.” Escudero said.
The controversy unfolded during a recent hearing of the Senate Committee on Foreign Relations, chaired by Senator Marcos. Ambassador Lacanilao, who was invited as a resource person, appeared before the panel to respond to inquiries related to an ongoing investigation. Tensions rose during the session after a heated exchange between Lacanilao and Senator Ronald “Bato” dela Rosa, who accused the ambassador of giving evasive or uncooperative answers. In response, Senator Dela Rosa moved to cite Lacanilao in contempt.
But Justice Secretary Crispin Remulla said some of the details cannot be divulged due to the fact that it is part of the executive privilege which is the reason why Lacanilao cannot answer the senators questions point by point.
Senator Marcos subsequently signed an order for Lacanilao’s arrest and detention. However, before the motion was implemented, Sec. Remulla formally appealed to the committee, urging it to set aside the contempt motion. Remulla argued that Lacanilao’s responses during the hearing were covered by executive privilege, given the nature of his position and the sensitive matters under discussion.
Despite Remulla’s intervention, the contempt order was signed and later publicized by Senator Marcos. Escudero, in his statement, clarified that the order had not reached his office for review prior to its release.
“ For the record, I did not refuse to sign the contempt order of Amb. Markus Lacanilao. Senator Marcos released her statement and flaunted to the media her signed arrest and detention order even before I could see, much less, receive a copy of it,” Escudero wrote.
Under Senate rules, the arrest or detention of any person cited in contempt by a Senate committee must be approved by the Senate President. Escudero emphasized that this requirement is designed to protect due process and prevent the arbitrary use of legislative powers.
“This safeguard exists to ensure that the powers of the Senate are exercised prudently with due regard for the rights of all,” Escudero said.
Escudero also cited the legal opinion of Chief Justice Alexander G. Gesmundo in the Ong case, which stressed that individuals accused by Congress of giving false or evasive testimony must be afforded stricter due process protections. He noted that these safeguards were not observed in the case of Ambassador Lacanilao.
After several hours of what Escudero described as “unauthorized detention,” he ordered Lacanilao’s release. The decision was made on both procedural and humanitarian grounds, as Lacanilao’s grandfather was scheduled to be laid to rest that day.
“For reasons unknown, Senator Imee Marcos appears to have disregarded this long standing rule or conveniently forgotten that the approval of the Senate President is not automatic nor ministerial simply because she desires it.” Escudero said.
To move forward within the framework of the law, Escudero issued a “show cause order” to Lacanilao, requiring him to explain within five days why he should not be cited in contempt, as originally moved by Senator Dela Rosa and supported by Senator Marcos. Escudero said he would make a decision on whether to sign an arrest or detention order after receiving and reviewing Lacanilao’s response.
“I will review the committee proceedings and exercise my duty and discretion in accordance with the law,” Escudero said. He reiterated that the Senate President’s authority is not ceremonial and exists to ensure adherence to legal standards.
Responding to Senator Marcos’ comment that the incident sets a “terrible precedent,” Escudero said he agrees, but with regard to the procedural lapse rather than the committee’s intention. “It is a dangerous precedent to allow senators to flout the Senate’s own rules,” he said.
Escudero concluded his statement with a call for responsible conduct, urging colleagues to preserve the Senate’s institutional integrity. He called on Senator Marcos to use her influence “as a bridge toward unity, not a wedge for division.”
