Bato can’t hide in the Senate to shield himself from ICC warrant
Sen. Ronaldo “Bato” dela Rosa will unlikely get help from the Senate if the International Criminal Court (ICC) also issues a warrant of arrest against him in its investigation of former President Rodrigo Duterte’s war on drugs, which the senator implemented when he was still Philippine National Police chief.
“It is beyond the authority of Francis Escudero as Senate president,” said a former Cabinet member and a reliable Inquirer Plus source on Thursday who was responding to Dela Rosa’s plea asking Escudero not to have him arrested on an ICC warrant.
Last Wednesday, Dela Rosa broke his silence over the arrest a day earlier of Duterte, his former boss, at the request of the ICC for alleged crimes against humanity stemming from his drug war that left thousands dead.
Duterte was arrested last Tuesday upon returning from a trip to Hong Kong and was flown several hours later to The Hague in the Netherlands, where he is currently detained while waiting for his trial before the ICC.
Read: Rodrigo Duterte accepts responsibility for drug war as ICC detains him
President Ferdinand Marcos Jr. defended his administration’s decision to hand Duterte over to the ICC as fulfilling the country’s commitments to the International Criminal Police Organization (Interpol), which implemented the ICC arrest order.
Dela Rosa expressed hope that he would receive Senate protection from the reach of the international tribunal, relying on a Constitutional provision that exempts legislators from being arrested for offenses they commit.
Read: Bato dela Rosa to seek Senate protection from ICC
He cited Section 11, Article VI of the 1987 Constitution, which states that a senator or a member of the House of Representatives “shall, in all offenses punishable by not more than six years of imprisonment, be privileged from arrest while Congress is in session.”
“I hope the executive branch of government will respect this as there is such a protocol,” the reelectionist senator told reporters in a phone patch interview.
Only for minor offenses
But in a series of text messages to Inquirer Plus, the former Cabinet member acknowledged that Escudero’s hands were tied regarding Dela Rosa’s request.
“Under Section 11, Article VI of the Constitution, senators and congressmen are exempted from arrest only for minor offenses where the penalty of imprisonment is six years or less, and while Congress is in session,” the former Cabinet member said, adding: “Clearly, this exemption does not apply to Sen. Bato,” the source said.
In addition, the source said the arrest warrant would be issued by the ICC and “not (by) a local court.”
“With more reason, the exemption will not apply,” the source said.
The source also reminded that the President, not the Senate, will decide whether the government will cooperate with the ICC in respect of arrest warrants it issues.
“Whether or not the government will cooperate with the ICC and the Interpol are issues involving the exclusive powers and functions of the President and the Executive Branch involving execution of foreign policy which the Senate cannot interfere with,” the source added.
Dela Rosa’s fears that he may be next on the list of ICC warrants of arrest stemmed from being one of the “co-principal accused.”
In the communication filed by former Sen. Antonio Trillanes IV, which ultimately led to the arrest of Duterte.
Trillanes told Inquirer Plus that it is possible for De La Rosa to be issued a warrant by the ICC.
