Bato can stay in Senate if ICC tries to arrest him, says Escudero

March 17, 2025 | 2:23pm

MANILA, Philippines — Sen. Bato dela Rosa may seek asylum in the Senate should the International Criminal Court (ICC) attempt to arrest him, said Senate President Francis Escudero on Monday, March 17.

In a press briefing, Escudero stated that this is the same privilege afforded to other former senators who faced charges

“Hindi para sa akin na pigilan si Senator Bato na magtungo dito, desisyon niya yun. Pero ang hangganan siguro non, ay hanggang makakuha at klaro na ang magiging pasya ng Korte sa kanyang pag-avail ng kanyang judicial remedies na karapatan niya,” Escudero said. 

(It is not up to me to stop Senator Bato to go here, it is his decision. But to limit it, it needs to be clear what the Court decided on the judicial remedies he availed, since it is his right.) 

Despite a provision in the law stating that lawmakers can only seek refuge from arrest in the Senate if Congress is in session, Escudero said it was institutional courtesy to allow a senator refuge in such cases. He also mentioned that this is outlined in the Senate rules.

Escudero cited the cases of several former senators who sought refuge in the Senate to avoid arrest, including former senators Antonio Trillanes IV and Leila de Lima. 

However, theoretically, an arresting officer could wait outside the Senate premises. Escudero admitted that the Senate would be hands-off once Dela Rosa steps outside the premises.

“We will try to afford him every opportunity to afford of legal remedies that he is entitled to,” Escudero reportedly told Dela Rosa. 

Escudero pointed out that Dela Rosa has already filed a petition in the Supreme Court regarding Duterte’s ICC arrest. He clarified that this does not mean Dela Rosa can use the Senate’s lawyers.

The police chief-turned-senator has not informed Escudero that he intends to stay in the Senate, but was merely inquiring about his options.

Asked if the Senate has received a request from the ICC to send over documents related to their drug war, Escudero said he had not been informed of any such requests.

Dela Rosa has previously mentioned considering seeking asylum in the Senate but reiterated that he is not hiding from the law.

Duterte was arrested by local authorities and handed over to the ICC on March 11 for crimes against humanity, in relation to his controversial war on drugs.

At least 6,000 people were killed in the drug war, but human rights groups estimate the number could be as high as 30,000.