The Senate protects Senator Bato from arrest as the ICC pursues the drug war case
By Erika Mae P. Sinaking, A reporter
SENATOR Ronald “Bato” M. dela Rosa is now sitting in the Senate after a heated argument on Monday led the committee to place him in custody, protecting him from arrest for his role in the Duterte administration’s deadly drug war.
Analysts on Tuesday said the Senate should not allow Mr. dela Rosa to avoid an arrest warrant issued by the International Criminal Court (ICC), citing international treaty obligations and domestic legal provisions governing cooperation with the court.
Mr. dela Rosa, who was the former police chief of then President Rodrigo R. Duterte, on Tuesday denied that he ordered the killing of drug victims, saying that the evidence preserved by the ICC was “fabricated.”
“My role is to lead [the drug war] but that does not mean that I ordered them all to be killed. Yes, if policemen’s lives are in danger, they should save themselves,” Mr. dela Rosa told reporters in mixed English and Filipino.
Mr. dela Rosa is adamant that he will only answer to the local authorities, saying that they will present themselves if there is a local complaint filed against him.
“Because if this is not politics, why don’t they file a case against me in the local courts?” he said. “If they want to be held accountable, they can file a complaint against me here in the Philippines.”
The Senate on Monday appointed Mr. dela Rosa under protection, based on Senate Resolution No. 44, which prevents the authorities from entering its premises.
The senator has been absent since reports emerged that the ICC may arrest him in November, and it reappeared on Monday when the National Bureau of Investigation police tried to arrest him.
IT IS NOT A SAFE HOUSE
Ephraim B. Cortez, president of the National Union of Peoples’ Lawyers, said that invoking the “privilege of protection” to keep a senator inside the Senate buildings is effectively blocking the enforcement of the international legal process.
“By giving him the authority to protect, the Senate protects him from arrest. Therefore, he must stay inside the Senate building. The protection will not be extended outside the Senate building,” said Mr. Cortez told BusinessWorld via Viber chat.
“The Senate Resolution to extend such protection has no binding effect and is not a legal basis to prevent the issuance of an arrest warrant,” he said.
He added that this measure has no legal effect against international obligations, noting that domestic decisions cannot override obligations based on the agreement.
Jose Sonny G. Matula, chairman of Nagkaisa and president of the Federation of Free Workers, also said that “protection to protect” should not be used as a “magic phrase” to overcome legal arrests.
“Protection protection generally means protection of human safety, not protection to make the Senate a safe house in the legislative process,” said Mr. Join a separate Viber chat. “If it means that Senator dela Rosa will remain in the Senate to avoid impeachment, that is not protection – that is political expediency.”
He pointed out that under Article VI, Section 11 of the Constitution, senators are protected from imprisonment only for crimes punishable for a period not exceeding six years while Congress is in session, a limit that does not apply to crimes against humanity.
On Monday the ICC made public the arrest warrant for Mr. dela Rosa for the crime against humanity of murder, identified him as an indirect suspect in association with Mr. Duterte.
The warrant stated that judges in the ICC’s Pre-Trial Chamber I found reasonable grounds to believe that the former Philippine National Police Chief was involved in a similar scheme targeting criminal suspects in the anti-narcotics campaign.
In particular, the case linked the discovery of the crime to the incidents between July 3, 2016 and the end of April 2018, in which at least 32 people were killed.
“It is now up to national authorities to arrest and hand over the suspect to the ICC,” said ICC spokesperson Oriane Maillet in a video statement Monday night.
Ranhilio C. Aquino, director of the San Beda Graduate School of Law, argued that ICC mandates do not require domestic judicial enactment to be implemented.
“Article 127 of the Rome Statute obligates the Philippines to cooperate with ICC proceedings – including the issuance of arrest warrants… This, in conjunction with the aforementioned Article 17 of Republic Act No. 9851, grants the arrest warrant for Bato dela Rosa,” he said in a Facebook post.
He described the actions of the Senate as “arresting a person accused of the worst crime that can be committed.”
Victims’ groups, Rise Up for Life and for Rights, and human rights lawyers have also called for swift implementation of the ICC process, warning that failure to act will undermine international accountability mechanisms.
“Dela Rosa is now considered a prime suspect by the International Criminal Court… He must be arrested in accordance with the powers of the ICC, and handed over to the appropriate authorities in the Philippines,” the group said.
“Dela Rosa cannot show up for work only when it is convenient, and he cannot hide in the Senate from the implementation of the laws approved by the Senate,” they added.
MAKE A CENT RESO
Also on Tuesday, the Supreme Court was asked to quash the legal decision on the grounds of obstruction of justice process and violation of the doctrine of separation of powers.
John Barry T. Tayam, high school principal of Las Piñas City, filed a petition for confirmation and prohibition, arguing that Senate Resolution No. 44, also known as the Filipino Protection from Extraordinary Rendition Resolution, is unconstitutional and issued with grave abuse.
Mr. Tayam said the decision – which mandates the exhaustion of domestic remedies before a Filipino can be handed over to a foreign business – effectively turns the Senate into a “sanctuary” for Mr. dela Rosa within the ICC’s approval.
“The Senate Resolution is an internal expression of sentiment and cannot legally override the law,” reads part of the complaint.
“Allowing the Senate to protect its members from the judicial process under the guise of institutional integrity would be to create a special category above the law. The Court, as the final arbiter, must ensure that no institution is so sacred that it can operate without the reach of the Constitution,” he added.
Mr. Tayam invoked the Doctrine of Transcendental Importance, urging the Supreme Court to resolve the “constitutional problem” and clarify the limits of parliamentary rights.
A PIECE OF PAPER
The legal advisor of Mr. dela Rosa Israelto P. Torreon said the Philippine National Police cannot automatically enforce any arrest warrant in other countries, noting that they must follow local procedures.
“I hope and pray that they will follow the law that any foreign warrant is not automatically enforced here in our country. We are a sovereign country, and their procedures must be verified in our country first,” Mr. Torreon told the press, adding that the Philippines is not an extension of the ICC.
The Philippines withdrew from the court in March 2018, with the withdrawal of the Rome Statute taking effect a year after the notification.
Although the Philippines is no longer a member of the ICC, the judicial body still has jurisdiction over murders committed since Nov. 1, 2011 to March 16, 2019.
“What I know is that it is the only warrant for arrest [that is] the most effective here in the Philippines is a warrant issued by local judges,” said Mr. Torreon.
He said he hoped the Supreme Court would grant their request for a temporary ruling to challenge the ICC warrant against Mr. dela Rosa.
Ferdinand S. Topacio, Deputy spokesperson of the Partido Demokratiko Pilipino, said the ICC’s arrest warrant is a “piece of paper” in the country.
“We cannot give power to a foreign court and say it is a court with jurisdiction. We have the authority to do that,” he told reporters in a mix of English and Filipino.
Meanwhile, the Palace said the Philippine government will protect every Filipino after Mr. dela Rosa asking for protection from President Ferdinand R. Marcos, Jr.
Palace Press Officer Clarissa A. Castro said the senator’s request for immunity will be met according to law.
“Even those victims of extrajudicial killings also ask for protection from the government,” he told the forum in Filipino, referring to the victims of the drug war. “Therefore, a defendant like Senator Bato is asking for protection; everyone will be given protection under the law.”
“If he is arrested, all rights as a defendant will be given to him,” said Ms. Castro.
Former president Mr. Duterte was arrested last March 2025 for his drug war, which killed thousands of Filipinos, especially the urban poor, without due process. He is currently in custody in The Hague, Netherlands and is awaiting trial. – with Kaela Patricia B. Gabriel again Chloe Mari A. Hufana
