Sen. Panfilo Lacson on Wednesday said the Senate would no longer have legal basis to keep Sen. Ronald dela Rosa under protective custody if a Philippine court orders his surrender to the International Criminal Court (ICC), unless the Supreme Court of the Philippines intervenes.
“Senate protective custody, legal or not, cannot be justified anymore when a domestic court issues an order to surrender Senator dela Rosa to the jurisdiction of the ICC, unless the Supreme Court restrains or reverses the order,” Lacson said in a post on X.
The senator stressed that while dela Rosa still has several legal remedies available, local courts must ultimately be respected in any action involving the ICC.
“International warrant ‘yan, bound tayo ng treaty pero kailangang bigyan natin ng pagpapahalaga ang domestic court,” Lacson said in an interview over DZBB.
(In the case of an international warrant, we are bound by treaty obligations, but we must still respect our domestic courts.)
He explained that any ICC warrant should first pass through Philippine courts before enforcement can proceed locally.
“So, may international warrant, kailangan dalhin muna natin sa local court na siyang mag-i-issue kung ano ang authorization or subsequent warrant of arrest para ipatupad ang arrest warrant na in-issue ng ICC,” he added.
(An international warrant must first be brought before a local court, which will determine the authorization or corresponding warrant needed for its implementation.)
Lacson also recalled his own experience as a fugitive in the early 2010s, saying he was previously protected by jurisprudence under the Miranda v. Tuliao case, which at the time allowed accused persons to file motions even without being under custody.
However, he noted that later Supreme Court rulings have since limited those legal remedies.
The senator also clarified his position regarding Senate Resolution No. 395, which he signed along with Senators Francis Pangilinan, Vicente Sotto III, Risa Hontiveros, and Paolo Benigno Aquino.
The resolution urges dela Rosa to voluntarily surrender and avail himself of all legal remedies under the Constitution and existing laws.
“My understanding of the proposed Senate resolution is for Sen. dela Rosa to voluntarily surrender after seeking and exhausting all judicial remedies but failing to get judicial relief,” Lacson said.
He added that he intends to further clarify the wording of the resolution during Senate deliberations and amendments.