“Say what you mean, mean what you say.” Senators presumably learned in childhood that motto on character building. Yet the public is witnessing these:
• On March 12, 2025, a day after Rody Duterte was jailed at the International Criminal Court at The Hague, Senator Bato dela Rosa posted on Facebook: “I am ready to join the old man, hoping that they would allow me to take care of him.”
On Nov. 11, 2025, Ombudsman Jesus Crispin Remulla said he has an unofficial copy of an ICC warrant of arrest for Bato. Starting the next day, Bato went absent from the Senate for six months, resurfacing only on May 11, 2026.
• On March 30, 2023 Robin Padilla told reporters, “Kung huhulihin nila si Bato, isama niyo na ako, dahil isa ako sa sumuporta kay Pangulong Rodrigo Roa Duterte sa drug war. Walang iwanan. Sasamahan ko sila kung saan sila, tutal sanay naman tayo sa kulungan. Sa abroad pa, naku masarap pagkain doon. Okay ‘yon.”
On May 9, 2026 Robin advised Bato, “Huwag kang lilitaw.” That was after Interior Sec. Jonvic Remulla said Interpol will enforce ICC arrest warrant.
Action star Robin was convicted in 1994 for illegal possession of firearms. He was released upon pardon by president Fidel Ramos in 1997. In November 2016 president Duterte granted him absolute pardon, restoring his right to vote and be elected, travel and again own guns.
• On May 7, 2024 Bato taunted ex-senator Sonny Trillanes before TV news cameras: “Go ahead, make my day, Mr. Trillanes. Sige lang ngakngak ka ICC, ICC. Kahit sumama ka pa mag-serve ng warrant, ikaw mismo magposas sa akin.”
Last May 11, when Trillanes accompanied NBI agents to serve the Interpol warrant, Bato gnashed, “Bakit nakiki-sali si Trillanes?”
• Also last May 11, after Bato tripped and fell fleeing from NBI agents, he panted, “This is the worst government!” On May 12 he pleaded with the head of government Bongbong Marcos, “Sana huwag niya ako ipadala sa The Hague. ‘Yon lang naman.”
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Constitution experts are aghast. The 13 Senate coup pals egregiously gave Bato sanctuary.
Former dean Mel Sta. Maria, FEU Law School, states: “Can any senator be arrested inside Senate premises for crimes against humanity? Yes. Reasons:
“First, is the Senate building being rented? If yes, the people are paying the rent. Is the Senate building owned by government? If yes, then it belongs to the people. No law makes the Senate premises a safe haven for fugitives or those charged with crime.
“Second, no senator has proprietary interest in that building. No senator owns it. It is not a fortress to protect erring persons from authorities, or a foreign embassy where Philippine law has waived jurisdiction. A criminal or a fugitive can be arrested inside it.
“Third, a senator is only immune from arrest while the Senate is in session and if the penalty of the alleged crime is below six years imprisonment. RA 9851 states that crime against humanity where death occurred is punishable by reclusion perpetua (40 years).
“Fourth, under Section 17 the Philippines can allow an international tribunal to investigate or try persons charged with crimes against humanity and deliver said persons to the tribunal. Crime against humanity is a universal crime. Generally accepted principles of law, according to our Constitution, are part of the law of the land.
“Fifth, ICC’s arrest warrant is valid. The Bill of Rights provides that no one can be arrested without warrant issued by a judge. “Judge” can be local or foreign whose jurisdiction the Philippines accepts.
“Sixth, crime against humanity involves an international element where the executive department must be given the greatest respect in its determination and enforcement. Foreign policy, peace and order, apprehension of fugitives are executive functions. The legislature should not interfere in such executive functions, as this would violate the separation of powers.
“Seventh, the NBI is within its authority to run after fugitives or persons charged with crime. There is presumption of regularity of government enforcements.
“Eighth, the Senate must not coddle and protect a fugitive. That’s obstruction of justice.
“Ninth, no law provides for “Senate Protective Custody” as exemption to the enforcement of an arrest warrant.
“Tenth, unless stopped by the Supreme Court, the enforcement of a valid arrest must proceed. No one is above the law.”
Former Integrated Bar president Domingo Cayosa adds: “Senators have the discretion to issue a resolution. But such resolution cannot overturn the Constitution or law.”
Installed by coup Monday, Senate President Alan Cayetano claimed the Senate never allowed the arrest within its premises of senators Juan Ponce Enrile, Leila de Lima and Trillanes.
Wrong.
Human rights lawyer Dino de Leon recalls that his client De Lima was arrested at the Senate on Feb. 24, 2017 on trumped-up drug charges by the Duterte admin.
Trillanes recounts that he too was arrested at the Senate on Sept. 25, 2018 for rebellion, after Duterte revoked his earlier pardon.
Five-term Senator Tito Sotto narrates Enrile’s detention for rebellion with murder on Feb. 27, 1990. Then-SP Jovito Salonga forbade arrest while debates were ongoing. After which, NBI agents took Enrile.
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