THE rule of law institutional dignity will be the prime considerations.

This said by Senate President Francis “Chiz” Escudero as he affirmed that the Senate will not allow the arrest of Senator Ronald “Bato” dela Rosa within its premises should an International Criminal Court (ICC) warrant of arrest be issued against him.

“Hindi papayagan ng Senado ang arestuhin ang sinumang miyembro niya sa loob ng Senado, lalo na kung may sesyon,” Escudero said, citing institutional courtesy and past precedents involving Senators who faced criminal charges.

Escudero recalled previous cases where Senate leaders invoked institutional privilege to delay or influence arrests, highlighting that while the Senate does not grant legal immunity, it has historically offered protection within its premises:

1990: Senator Juan Ponce Enrile – Senate President Jovito Salonga barred the NBI from arresting him inside the chamber. Enrile later surrendered outside.

2014: Senators Enrile, Jinggoy Estrada, and Bong Revilla (Plunder cases) – Senate President Franklin Drilon requested authorities not to arrest them inside the Senate. They voluntarily surrendered.

2017: Senator Leila de Lima (Illegal drug case) – Senate President Aquilino Pimentel III coordinated with authorities to ensure a respectful arrest outside the Senate.

2018: Senator Antonio Trillanes IV (Revocation of Amnesty) – Senate President Vicente Sotto III allowed him to stay in his office for 25 days before legal proceedings led to the withdrawal of his warrant.

Escudero acknowledged that Dela Rosa’s situation differs, as an ICC warrant would involve international jurisdiction, unlike previous cases where arrests were based on Philippine laws.

However, he stressed that the Senate will uphold its tradition of allowing members to exhaust all legal remedies before facing detention.

“We will try to afford him every opportunity to avail of legal remedies that he is entitled to,” Escudero said, noting that Dela Rosa is already a co-petitioner in the Supreme Court case questioning the ICC’s jurisdiction over the Philippines.

Despite the Senate’s stance, Escudero admitted that law enforcement agencies could arrest Dela Rosa outside the Senate premises.

He also did not rule out the possibility of Dela Rosa staying in the Senate to delay his arrest, following the precedent set by Trillanes in 2018.

Reportedly, the ICC has yet to confirm any warrant against Dela Rosa, who oversaw Oplan Tokhang, the Duterte administration’s anti-drug campaign that is the subject of crimes against humanity allegations.

AUTHOR PROFILE

Camille P. Balagtas