Chiz: Bato to get Senate ‘courtesy’ if arrested
- “Institutional courtesy”: Sen. Bato dela Rosa will find refuge in his office in case of an ICC arrest warrant, with Senate President Francis Escudero assuring that no senator will be arrested within the Senate.
- Escudero said that he would also not allow an arrest to happen in the chamber even if Congress is not in session.
- He cited several instances when law enforcement agencies were barred from arresting sitting senators inside the Senate building, such as the case of former Senators Juan Ponce Enrile, who was charged with “rebellion complexed with murder” in 1990; Gregorio Honasan II, who was charged with rebellion in 2006 for the 2003 Oakwood Mutiny; and Panfilo Lacson, who was charged with double murder in 2010.
Sen. Ronald “Bato” dela Rosa would be accorded “institutional courtesy” in the event that the International Criminal Court (ICC) issues a warrant for his arrest, Senate President Francis “Chiz” Escudero said on Monday.
The Senate leader’s position on Dela Rosa promptly drew criticism from a labor coalition that slammed their privileges as lawmakers and from at least one lawmaker who also noted Escudero’s stance on the pending impeachment trial of Vice President Sara Duterte.
In a press briefing, Escudero said, “The Senate faced various situations where there are warrants of arrest against the senators and the Senate’s decision is not based on the law, but rather on what is called institutional courtesy—the Senate will not allow any of its members to be arrested within the Senate, especially during a session.”
Escudero said, however, that he would also not allow an arrest to happen in the chamber even if Congress is not in session.
“Historically, whether there is a session or none, institutional courtesy dictates that no police be allowed to come in just to arrest a senator. Two things happen, they need to exhaust all legal remed[ies], or the senator will voluntarily come out of the Senate,” he said.
Escudero said this has been the practice observed by his predecessors in the Senate presidency and the tradition in line with the Senate’s rules.
Precedents
He cited several instances when law enforcement agencies were barred from arresting sitting senators inside the Senate building, such as the case of former Senators Juan Ponce Enrile, who was charged with “rebellion complexed with murder” in 1990; Gregorio Honasan II, who was charged with rebellion in 2006 for the 2003 Oakwood Mutiny; and Panfilo Lacson, who was charged with double murder in 2010.
Former Senate President Jovito Salonga had barred NBI agents from serving the warrant on Enrile while a Senate session was in progress, instructing Senate security to bar them from entering the building. Enrile was taken to the NBI office where he was booked and fingerprinted.
Honasan was arrested months after he went into hiding after he jumped from the second floor of a Manila house when the police stormed the building. Lacson was never served a warrant of arrest because he had already fled the country and stayed in hiding for 14 months.
Former Sen. Leila de Lima, who was charged with illegal drug trading in 2017, stayed in the Senate for one night but surrendered to authorities the next day.
Senators Ramon Revilla Jr. and Jinggoy Estrada also surrendered to authorities in 2014 when they were charged with plunder during the 2013 pork barrel scandal.
In September 2018, then Sen. Antonio Trillanes IV evaded arrest after submitting himself to the custody of the Senate. He was ordered to be arrested after former President Rodrigo Duterte invalidated the amnesty granted to the former mutiny leader for his participation in the July 2003 Oakwood Mutiny and the November 2007 Manila Peninsula incident.
Former Senate President Vicente Sotto III said upon consultation with some members of the Senate, they will not allow any senator to be arrested in the Senate premises “to preserve the dignity of the Senate.”
Escudero’s remarks came following Dela Rosa’s earlier statement that he would seek the Senate’s protection should the ICC order his arrest.
Although he was not named in the March 7 warrant issued on former President Rodrigo Duterte, Dela Rosa was repeatedly cited in the prosecution’s application for the arrest warrant which detailed Duterte’s drug war. As former chief of the Davao City police and later the Philippine National Police, Dela Rosa was the chief enforcer of that controversial law enforcement campaign.
On March 11, when authorities began to carry out the ICC’s arrest warrant on Duterte, Dela Rosa filed before the Supreme Court a “preliminary prohibitory and mandatory injunction” on the government’s implementation of that warrant. This prompted legal experts to note that the senator was preempting the ICC and already anticipating that the court would issue a warrant for his arrest.
Escudero said, “It’s not for me to stop Senator Bato from coming here. That’s his decision. But I suppose the limit would be until he gets and clarifies what the court’s decision will be regarding his access to judicial remedies, which is his right not only as a senator but as an ordinary citizen.”
In a statement on Monday, Dela Rosa called for “sobriety… even when we feel so mad because of the injustice.”
He maintained that the government’s actions in line with the ICC were “illegal because the warrant they are serving us does not come from a competent authority.”
‘Salary, benefits’
Reacting to Escudero’s position, the Nagkaisa labor coalition said in part: “The Senate is not a safe house for fugitives, and [taxpayer] money isn’t a legal defense fund for criminals.”
The group said Dela Rosa “continues to enjoy his salary and benefits—courtesy of taxpayers—even while facing accusations of crimes against humanity! Where’s the justice in that?”
Also commenting on Escudero’s position, Kabataan Rep. Raoul Manuel said, “What do we want to teach the youth? That the Senate could be shut down for a long time to avoid an impeachment trial but opened to give refuge to an executioner?” —WITH REPORTS FROM JEANNETTE I. ANDRADE AND INQUIRER RESEARCH
