Bato turns to Senate for protection from ICC arrest
MANILA, Philippines — Sen. Ronald "Bato" dela Rosa is seeking temporary protection from the Senate as he faces the possibility of arrest by the International Criminal Court (ICC).
Former President Rodrigo Duterte was arrested by the ICC on Tuesday, March 11. On the same day, Philippine authorities, acting on an Interpol request, transported Duterte to The Hague to face trial for crimes against humanity.
Dela Rosa, who served as Duterte’s Philippine National Police (PNP) chief during the bloody drug war, is believed to be next in line for an arrest warrant.
The senator said he is prepared to face legal proceedings but hopes Senate President Francis Escudero will grant him refuge should the ICC issue an arrest warrant against him.
“Hanggat kaya nga niya, hanggat kaya ng Senate president na kupkupin niya muna ko. Hindi niya muna ko i-surrender kung may warrant of arrest, kung na may session kami. I hope respetuhin din siya ng executive branch of government kasi mayroon naman 'yan ang ganoon protocol,” Dela Rosa said in a phone interview with reporters on Wednesday night.
(As long as he can, as long as the Senate president can take me in first, I hope he will not surrender me if there is a warrant of arrest, especially while we are in session. I also hope the executive branch will respect that because there is a protocol for such cases.)
However, Dela Rosa insisted that he is not in hiding. As of Wednesday night, he said he was in Surigao and Agusan, actively campaigning.
Seeking refuge in the Senate
Several lawmakers in the past have sought refuge in the Senate to avoid arrest. This includes former senators Antonio Trillanes IV and Leila de Lima.
In 2018, then-President Duterte revoked the amnesty granted to Trillanes by the late President Benigno Aquino III. Facing charges of coup d’état and rebellion, Trillanes stayed in the Senate to avoid arrest.
Similarly, De Lima temporarily sought refuge in the Senate before eventually surrendering herself to authorities.
The 1987 Constitution grants lawmakers certain protections against arrest while Congress is in session. Section 11 of Article VI states:
"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. 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.”
However, in Dela Rosa’s case, the key issue is whether the Senate is in session.
The Senate is currently in recess and will not resume session until June, raising questions about whether Dela Rosa can be granted temporary protection under this provision.
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