Metro Manila, Philippines – Five senators are urging Senator Ronald “Bato” dela Rosa to surrender to authorities — a proposal quickly rejected by Senate President Alan Peter Cayetano.
Senators Bam Aquino, Risa Hontiveros, Ping Lacson, Kiko Pangilinan, and Tito Sotto filed a proposed resolution on Tuesday, May 12, seeking a unified Senate stance on Dela Rosa’s case.
The measure seeks to express “the sense of the Senate urging [Dela Rosa] to voluntarily surrender to the proper authorities and seek judicial remedies in accordance with the Constitution and applicable laws and rules.”
The resolution notes that the Constitution provides only limited privilege from arrest for lawmakers while Congress is in session and only for offenses punishable by not more than six years of imprisonment.
The senators said this clearly indicates there is no blanket immunity or protective custody for grave offenses.
“Neither the Constitution nor the Rules of the Senate contain any provision authorizing the Senate to grant protective custody, institutional refuge, or immunity from lawful arrest or surrender processes pursuant to existing laws, treaties, or international cooperation mechanisms,” the resolution states.
It also noted that the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity vests exclusive original jurisdiction over such offenses in designated regional trial courts, affirming the primacy of judicial processes.
The senators also cited the cases of former senators Juan Ponce Enrile, Leila de Lima, and Sonny Trillanes, who voluntarily surrendered to authorities in their respective cases.
“The Senate reiterates that it possesses no constitutional or statutory authority to provide ‘protective custody’ or sanctuary from lawful arrest, surrender, or judicial processes,” the resolution read.
Dela Rosa has been holed up in the Senate since Monday, May 11, after making a surprise appearance that ended a six-month absence. The International Criminal Court has issued a warrant of arrest against him in connection with his role as chief implementer of the bloody war on drugs while serving as Philippine National Police chief.
Dela Rosa’s appearance made it possible to secure 13 votes to unseat Sotto as Senate president. He was replaced by Cayetano. Aquino, Hontiveros, Pangilinan, and Lacson voted for Sotto.
Asked about the resolution, Cayetano made his stance clear.
“We respect their opinion but Senator Bato should be given the opportunity to exhaust all legal remedies,” he said.
He also urged colleagues not to take the matter personally, asking whether they would likewise call for voluntary surrender if another Filipino official or progressive leader were ordered arrested by the ICC.
“This is not a matter whether guilty siya o hindi. In fact he can be investigated here for the extrajudicial killings. This is a question of our Constitution versus a foreign court,” Cayetano said.
