Senator Alan Peter Cayetano on Friday said the Senate may offer protection to Senator Ronald “Bato” dela Rosa if an arrest warrant is issued against him by the International Criminal Court (ICC), but only within the bounds of due process and legal remedies.
Dela Rosa, who faces accusations related to the Duterte administration’s drug war, had earlier said he would seek sanctuary from Senate President Francis “Chiz” Escudero to avoid being handed over to the authorities should an ICC warrant be issued.
In a media interview at the Senate on March 14, Cayetano expressed the need for legal clarity from the Supreme Court should such a situation arise.
“The Senate will always protect the [members of its] institution, but it doesn’t want a constitutional crisis. I’m hoping that by the time na maglabas ang ICC, if and when maglabas [ng warrant], there will be some guidance on paper,” he said.
“May time din naman ang Supreme Court para may guidance na tayo pare-pareho. It’s the confusion that’s the killer,” he added.
As the former chief of the Philippine National Police (PNP) under then-President Rodrigo Duterte, dela Rosa was a key figure in the administration’s anti-narcotics campaign, placing him among the officials accused of crimes against humanity by families of drug war victims.
The Rome Statute, which established the ICC, relies on the cooperation of all member countries to arrest and surrender individuals with ICC warrants upon entering their territory.
However, any ICC action must follow the principle of complementarity, which means national authorities must first be given the chance to investigate and prosecute before the Court can step in.
When asked if the Senate could shield dela Rosa even during congressional recess, Cayetano called the matter a “touchy subject.”
He also clarified that the concept of sanctuary is meant to protect the legal rights of the senator and the integrity of the Senate, not to function as an independent entity beyond legal obligations.
“The concept of a sanctuary is to protect the legal rights of the senator and the integrity of the Senate, and not to create a parang embassy that is a separate country you cannot touch,” he said.
