SENATOR RONALD "BATO" DELA ROSA — FACEBOOK.COM/SENATEPHBy Adrian H. Halili, Reporter
A PHILIPPINE senator who enforced former President Rodrigo R. Duterte’s deadly war on drugs as his police chief may seek refuge in the Senate amid a looming arrest order from the International Criminal Court (ICC), according to the Senate president.
Senator Ronald “Bato” M. Dela Rosa could not be arrested by authorities if he is within the Senate premises “in defense of the institution and (as an) institutional courtesy,” Senate President Francis G. Escudero told a news briefing on Monday.
“It’s not for me to stop Senator Bato from coming (to the Senate),” he said. “That’s his decision,” he added, noting that Mr. Dela Rosa would have to know first what his legal remedies would be based on the ICC action.
Philippine police arrested Mr. Duterte last week after the warrant issued by the ICC, and was flown from a chartered jet bound for The Hague in The Netherlands hours later.
The ICC arrest warrant says that as President, Mr. Duterte created, funded and armed the death squads that carried out the murders of drug dealers and users.
During his six years in office, 6,200 suspects were killed during anti-drug operations, by the police’s count. Human rights groups say the death could be as many as 30,000.
He could become the first former Asian head of state to go on trial at the ICC, which has set his trial for Sept. 23.
Mr. Escudero said former Senate presidents had also given senators sanctuary to give them time to figure out their judicial remedies.
“The Senate’s decision was not based on law but based on what is called institutional courtesy,” he said. “The Senate will not allow any of its members to be arrested inside the Senate, especially if there is a session.”
“This courtesy will not be forever, it is only as long as he is given enough time to clarify or decide on his legal remedies,” he added.
Last week, Mr. Dela Rosa said he would seek protection from the Senate should the ICC issue a warrant for his arrest.
“What I told him (is that) we will try to afford him every opportunity to avail himself of legal remedies that he is entitled to,” Mr. Escudero said.
The ICC has been investigating Mr. Duterte and his cohorts for alleged crimes against humanity in connection with his anti-illegal drug campaign as mayor of Davao City and for the first three years of his presidency, when the Philippines was still a member of the ICC.
In 2018, the tough-talking leader withdrew the Philippines from the ICC’s founding treaty when it started looking into allegations of systematic extrajudicial killings. It took effect in 2019.
‘DUE DILIGENCE’
A Philippine lawmaker cannot be arrested under Section 11, Article VI of the 1987 Constitution, which says that a senator or congressman will, in all offenses punishable by not more than six years of imprisonment, be privileged from arrest while Congress is in session.
However, Congress went on a four-month break last month for the 2025 midterm elections and will reconvene for a two-week session on June 2.
Mr. Duterte made his first appearance before the international tribunal on March 14, via video link, where judges informed him about his charges.
Political analysts urged the Senate to exercise “due diligence” in giving Mr. Dela Rosa protection from a potential ICC arrest warrant.
“It’s an institutional prerogative of the Senate to provide a safe haven for its members,” Gary D. Ador Dionisio, dean of De La Salle College of Saint Benilde School of Diplomacy and Governance, said in a Facebook Messenger chat. “However, this prerogative should be viewed as legally and morally tenable. Senate President Escudero should exercise due diligence and sound judgment in addressing the request of Senator Bato.”
The constitutional provision is meant to ensure that lawmakers could still do their job while Congress is in session, free from fear of persecution or harassment, said Arjan P. Aguirre, who teaches political science at Ateneo de Manila University.
“Senator Dela Rosa’s intention here is basically to evade his possible arrest in connection with the ICC case,” he said. “Should (the Senate president) grant this request, this will certainly backfire and hurt the Senate as an institution.”
Maria Ela L. Atienza, a University of the Philippines political science professor, said protecting the senator would not look good for the Senate president or the Senate as a whole.
“They will be accused of double standards because they did not protect Leila M. de Lima, a sitting senator who was accused of made-up charges during the presidency of Duterte,” she said in a Viber message.
“She was in jail for years until released due to courts invalidating all cases against her and the Senate as a body never lifted a finger to raise her rights and question her imprisonment,” she added.
Ms. De Lima was indicted for drug trafficking after she started a Senate investigation of Mr. Duterte’s drug war. She was accused of abetting the illegal drug trade inside the national penitentiary in Muntinlupa during her time as Justice secretary.
Meanwhile, Mr. Aguirre said the Philippines should rejoin the ICC because it could hold accountable any powerful actors that could undermine the country’s institutions.
“We know very well that this is really possible since it is easy to control our law enforcement agencies and other offices tasked to initiate the investigation and prosecution of political misgivings and abuse of power,” he said.
Mr. Dionisio noted that if the Philippines respects international law, it should recognize the warrant of arrest issued by the ICC.
