Bato’s plan to seek Senate refuge gets mixed reactions

March 15, 2025 | 12:00am

MANILA, Philippines — Sen. Alan Peter Cayetano has expressed support for his colleague, Sen. Ronald “Bato” dela Rosa, as he plans to seek refuge in the Senate amid the impending threat of an arrest warrant from the International Criminal Court (ICC) over the controversial war on drugs under the previous administration.

In an interview at the Senate yesterday, Cayetano said he hopes that the Supreme Court (SC) would resolve the Duterte camp’s petitions so that Dela Rosa could be guided once the ICC issues a warrant for his arrest on charges related to crimes against humanity.

“The Senate will always protect the institution but it doesn’t want a constitutional crisis. But if Senator Bato will seek sanctuary while you are seeking legal remedies or due process, that is also legitimate,” Cayetano said.

He noted that the Senate’s concept of sanctuary is to protect the legal rights of senators and safeguard the integrity of the institution, not to provide immunity from the law.

He cited past examples of former senators Leila de Lima and Antonio Trillanes IV, who sought refuge in the Senate to avoid arrest.

According to Article VI, Section 11 of the 1987 Constitution, a “senator or member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session” and “no Member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.”

Not a hideout

Despite this provision, lawmakers from the Makabayan bloc in the House of Representatives slammed Dela Rosa’s attempt to use his position as senator to avoid facing the ICC charges.

The former chief of the Philippine National Police (PNP) has appealed to Senate President Francis Escudero for protection should the ICC issue a warrant for his arrest while the Senate is in session.

Escudero has yet to comment on Dela Rosa’s appeal.

However, House Deputy Minority Leader and ACT Teachers party-list Rep. France Castro, ACT Teachers nominee Antonio Tinio, Gabriela Women’s Party Rep. Arlene Brosas and Kabataan Rep. Raoul Manuel argue that parliamentary immunity was never meant to shield officials from accountability for grave international crimes.

“Senator Dela Rosa’s attempt to hide behind parliamentary immunity is a mockery of justice and an insult to the thousands of families who lost loved ones in the bloody drug war that he himself orchestrated as PNP chief,” Castro said.

Tinio added that parliamentary immunity was never intended to protect officials from criminal accountability, particularly for offenses beyond the scope of domestic legal exemptions.

Castro and Tinio urged Senate leaders to deny Dela Rosa’s request for protection, emphasizing that no one should be above the law.

Brosas rejected the use of the Senate for avoiding justice.

Debunking claims that he was afraid and hiding, Dela Rosa reiterated yesterday his willingness to join the former president and face the consequences at the ICC. — Helen Flores, Jose Rodel Clapano, Cecille Suerte Felipe, Emmanuel Tupas