Senator Ronald “Bato” dela Rosa should not use the Senate as refuge from arrest, as doing so could damage the chamber’s image as an institution, Mamamayang Liberal party-list Rep. Leila de Lima said.
The lawmaker said there is no constitutional or legal basis for Congress to shield one of its members from arrest when a valid warrant has been issued.
She cited her own case in 2017, when she surrendered after a warrant was served against her over drug-related charges during the administration of former President Rodrigo Duterte.
“Wala akong kinausap sa Senado para kupkupin ako ng Senado para lang hindi ako maaresto,” she said in an ambush interview.
She said she did not seek sanctuary in the Senate because she knew there was no legal basis for doing so once a warrant had been issued and because she was not covered by parliamentary immunity.
“So dapat ganun din ang iniisip ni Sen. Bato. Huwag na niyang gamitin ang Senado kasi nagpapasama yan sa imahe ng Senado bilang isang institusyon,” she added.
Dela Rosa is reportedly facing an arrest warrant issued by the International Criminal Court (ICC) in connection with alleged crimes against humanity linked to the Duterte administration’s bloody anti-drug campaign. Duterte is currently detained in The Hague in the Netherlands over the same case.
The party-list solon said protective custody granted by Congress to its members is merely a non-binding tradition and is not provided for under the Constitution or any law.
“Wala po sa batas, wala sa Saligang Batas na sinasabi na kapag ang isang miyembro ng Kongreso, whether sa House o sa Senado, ay inaaresto ay dapat protektahan o bigyan ng refuge o sanctuary,” she said.
She also pointed out that parliamentary immunity only applies to offenses punishable by not more than six years of imprisonment, and therefore does not cover serious charges such as crimes against humanity.
She added that Republic Act No. 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, does not require a locally issued warrant before an international warrant can be acted upon.
Asked about the video showing dela Rosa running inside the Senate building, she described the scene as “pathetic,” saying the senator had previously projected defiance over the possibility of arrest.
The lawmaker also said dela Rosa appeared to know the risks when he returned to the Senate after months of absence.
The senator had reportedly stayed away from the chamber for nearly six months amid reports of an ICC warrant, but later appeared in the Senate during a leadership dispute.
“Alam niya yan na meron nang warrant of arrest kaya nga siya nagtago,” she said.
She said his return was political in nature and not primarily related to legislative work.
“So alam niya yan, the risk,” De Lima added.