Five senators have filed a resolution urging Senator Ronald "Bato" dela Rosa to voluntarily surrender to authorities and undergo the proper legal process regarding the arrest warrant issued against him by the International Criminal Court (ICC). Senate Resolution No. 395 was filed by Senators Francis "Kiko" Pangilinan, Vicente "Tito" Sotto III, Panfilo Lacson, Risa Hontiveros, and Bam Aquino while dela Rosa remains in the Senate under protective custody.
Protective Custody Under New Leadership
On Monday, dela Rosa was placed under the protective custody of the Senate under the new leadership of Senate President Alan Peter Cayetano. The resolution states that although the upper chamber of Congress has powers and privileges under the Constitution, it does not allow the Senate to serve as a sanctuary or provide immunity from arrest to any of its members.
Limited Constitutional Immunity
The senators explained that the only immunity granted by the Constitution to senators is limited to cases with penalties not exceeding six years of imprisonment while Congress is in session. They added that there is no provision in the Constitution or Senate Rules that empowers the Senate to provide protective custody, institutional refuge, or immunity against lawful arrest or surrender process.
Precedent of Respect for Judicial Process
The senators emphasized that in past cases involving former senators such as Juan Ponce Enrile, Leila de Lima, and Antonio Trillanes IV, the Senate respected the judicial process. The resolution also aims to remind that the Senate has no constitutional or statutory authority to provide protection against lawful arrest or judicial proceedings.
