DURING an event at the Philippine Military Academy in Baguio over the weekend, Sen. Panfilo Lacson said the Senate was still “considering possible actions” to take in the case of Sen. Ronald “Bato” dela Rosa, who disappeared in November after rumors began circulating that the International Criminal Court (ICC) had issued an arrest warrant against him. The Senate’s apparent inability to maintain order and discipline within its own ranks is damaging its credibility at a critical time for the country, and ironically, damaging it in ways that have very little to do with the case that set dela Rosa to flight in the first place.
That case, of course, is the matter being faced by former president Rodrigo Duterte in the ICC at The Hague, the Netherlands, where he has been charged with crimes against humanity relating to the so-called Davao Death Squad during his time as mayor of Davao, and the “war on drugs” carried out by his administration after he was elected president in 2016. The confirmation of charges hearings, from which the ICC justices will determine whether probable cause exists to proceed to a full trial, are under way. Senator dela Rosa was the police chief in Davao under Duterte, and was elevated to head the Philippine National Police (PNP) after Duterte’s election as president. In the charge documents first presented by the prosecution a few weeks ago, dela Rosa, along with fellow senator and one-time chief advisor to Duterte Christopher Lawrence “Bong” Go and several others was named as a “co-perpetrator” in the crimes alleged against Duterte. However, at the time of dela Rosa’s disappearance in November, that information had not been publicly disclosed, and his fear that a warrant for his arrest had been issued was based on pure conjecture. From that time until now, Ferdinand Marcos Jr.’s administration has repeatedly said that while it would be obliged to act on a warrant delivered by the International Criminal Police Organization (Interpol), no such warrant has appeared. Moreover, even though dela Rosa’s name appears in the information supporting the charges brought by the prosecutors in Duterte’s case, the ICC has yet to act to issue an arrest warrant for dela Rosa or anyone else. That would require the preparation of preliminary charges and a petition to the ICC from prosecutors — who might not even be the same ones pursuing the case against Duterte — so that the ICC could decide whether issuing a warrant was justified. Thus, dela Rosa has put himself in a shameful, indefensible position. As things now stand, he is simply absent from his official duties without cause. If a warrant existed, then he would be a fugitive from justice. It is inexcusable, and a slap in the face to the citizens who have entrusted him with important work as part of the Senate, and are obliged to keep paying his salary for not doing it. The behavior of dela Rosa stands in stark contrast to that of Go, who, in spite of the as-yet informal allegations against him, has faced the matter with some dignity. While he has, of course, denied the accusations, he has remained focused on his work, as there is nothing to prevent him from doing so. It is what anyone with a normal sense of duty in his position would do, and the minimum that people should expect from their elected representatives.
Senator dela Rosa, on the other hand, has not only missed a great deal of important work, including the recent budget deliberations, but will also be absent for work on a number of key legislative measures being considered this session. These include significant fiscal measures, amendments to critical laws to improve government accountability and curb corruption, and the anti-political dynasty bill. He will also miss a potential impeachment trial. The Senate’s continuing condonation of dela Rosa’s irresponsible and disrespectful behavior only further undermines public trust and confidence in the institution. In his comments over the weekend, Senator Lacson pointed out that the Senate has no plenary rules on absences, although repeated absences could result in the offending member being removed from committees. This is a significant lapse in the Senate rules, and compares unfavorably to the rules in the House of Representatives, where higher standards are observed. At a time when public sentiment toward corruption and malfeasance in government is particularly sensitive, not addressing dela Rosa’s lawlessness is a poor choice.
