A teacher named John Barry Tayam filed a petition before the Supreme Court today regarding the issue of the possible arrest of Sen. Bato Dela Rosa to be brought to the International Criminal Court (ICC). In the Petition for Certiorari and Prohibition filed by the teacher, he questioned the legality of the Senate resolution, specifically Senate Resolution No. 44. The resolution aims to protect Filipinos from so-called 'extrajudicial rendition' or the transfer of an individual to a foreign tribunal. Through the said resolution, Sen. Bato Dela Rosa allegedly gained protection and shelter to prevent the service of an arrest warrant from the ICC.
Petition seeks to nullify Senate resolution
Barry Tayam asked the Supreme Court to nullify the resolution, believing that the Senate committed grave abuse of discretion. He also requested the court to issue a writ of prohibition to prevent the senator from using the Senate to block the enforcement of the arrest warrant. Additionally, the teacher wants the High Court to direct the Philippine National Police – Criminal Investigation and Detection Group (PNP-CIDG) and the National Bureau of Investigation (NBI) to fulfill their duty and serve the warrant from the international tribunal.
Limits of legislative immunity cited
In his petition, Barry Tayam pointed out that the law states the immunity of a legislator inside the Senate has limits. He argued that an individual can only be exempt from arrest while inside the Senate if the case they face carries a penalty of less than six years of imprisonment. Therefore, he challenged Sen. Bato to face the case and prove his innocence regarding the allegations he faces. The teacher asserted that the new leadership of the Senate is protecting the senator to prevent his eventual arrest.
