Members of the Senate minority bloc on Tuesday filed a resolution urging Sen. Ronald dela Rosa to surrender to authorities and pursue legal remedies through the courts, while questioning the legality of the Senate’s decision to place him under “protective custody.”
Senate Resolution No. 395 was introduced by former Senate president Vicente Sotto III along with Senators Francis Pangilinan, Panfilo Lacson, Risa Hontiveros, and Bam Aquino.
The resolution argued that while the Constitution grants Congress legislative powers and limited parliamentary privileges, it does not authorize the Senate to provide sanctuary, immunity from arrest, or institutional “protective custody” to its members beyond the immunities expressly recognized under the Constitution.
“Article VI, Section 11 of the Constitution provides only limited privilege from arrest for senators and members of the House of Representatives while Congress is in session, and only for offenses punishable by not more than six years imprisonment,” the resolution stated.
The minority bloc said neither the Constitution nor Senate rules contain provisions allowing the chamber to grant refuge or immunity from lawful arrest or surrender proceedings under existing laws or international cooperation mechanisms.
“Adherence to lawful processes and voluntary submission to judicial authority strengthen democratic institutions, reinforce constitutional accountability, and uphold the principle that no public official is above the law,” the senators said.
The resolution was filed a day after the Senate leadership approved a motion by Sen. Rodante Marcoleta placing dela Rosa under Senate protective custody while he exhausts legal remedies related to the arrest warrant issued by the International Criminal Court (ICC).
The minority senators also pointed out that previous senators who sought temporary refuge in the Senate, including former senators Juan Ponce Enrile, Leila de Lima, and Antonio Trillanes IV, eventually surrendered after warrants for their arrest were issued.