MANILA, Philippines — Malacañang on Tuesday said there are legal limitations to the grant of Senate protective custody to Senator Ronald “Bato” Dela Rosa.
Dela Rosa on Monday sought the chamber’s refuge after the International Criminal Court (ICC) confirmed issuing an arrest warrant for him for his alleged criminal responsibility as an “indirect co-perpetrator” in the killings connected to the Duterte administration’s war on drugs.
In a briefing, Presidential Communications Office (PCO) Undersecretary Claire Castro pointed out that although the country is no longer a member of the Rome Statute, the government may invoke Republic Act 9851, or the Philippine Act on Crimes Against International Humanitarian Law.
With Dela Rosa, just like former President Rodrigo Duterte, alleged to have committed crimes against humanity, the Senate’s protection over him is not absolute.
“There is something called a privilege so that no senator can be arrested while in session when he is in the vicinity of the Senate. But we know that it has a limit. When you commit a crime that has a penalty of more than six years, this privilege will not apply,” Castro said in Filipino.
“We may waive our right and allow the international court to conduct the investigation. And we only follow the provision of RA 9851,” she added.
Castro said that senators should be aware that their authority has limitations and must not allow Dela Rosa and others accused of crimes to use the Senate as a “sanctuary” to evade arrest and prosecution.
“They should know what the law is because they are legislators. So, they know what their limits are, what their authority is, what their power is, but they should not go beyond the law,” Castro said.
