Escudero explains why Dela Rosa can't be arrested within Senate premises | ABS-CBN
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Escudero explains why Dela Rosa can't be arrested within Senate premises
Escudero explains why Dela Rosa can't be arrested within Senate premises
Senator Ronald Dela Rosa answers questions during the Harapan 2025 interviews at the ABS-CBN Headquarters in Quezon City on January 17, 2025. Michael Bagtas, ABS-CBN News
Senator Ronald Dela Rosa answers questions during the Harapan 2025 interviews at the ABS-CBN Headquarters in Quezon City on January 17, 2025. Michael Bagtas, ABS-CBN NewsMANILA — Senate President Francis "Chiz" Escudero said Monday Sen. Ronald "Bato" Dela Rosa cannot be arrested within Senate premises, in case an arrest warrant is issued by the International Criminal Court (ICC) in connection with his role as the national police chief under former president Rodrigo Duterte's war on drugs.
MANILA — Senate President Francis "Chiz" Escudero said Monday Sen. Ronald "Bato" Dela Rosa cannot be arrested within Senate premises, in case an arrest warrant is issued by the International Criminal Court (ICC) in connection with his role as the national police chief under former president Rodrigo Duterte's war on drugs.
This, after Duterte was arrested and brought to The Hague by the national government due to the Interpol's request and ICC's arrest warrant.
This, after Duterte was arrested and brought to The Hague by the national government due to the Interpol's request and ICC's arrest warrant.
"Hindi pinayagan ng mga nauna ring Senate president, bahagi na 'yan ang tradisyon at practice ng Senado, na sang-ayon nga sa rules namin at bahagi na rin sa rules namin," Escudero said.
"Hindi pinayagan ng mga nauna ring Senate president, bahagi na 'yan ang tradisyon at practice ng Senado, na sang-ayon nga sa rules namin at bahagi na rin sa rules namin," Escudero said.
He added that this will also apply even to the Interpol.
He added that this will also apply even to the Interpol.
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"Lalong hindi [pwede] kasi kung 'yung law enforcer nga na Pilipino hindi [pwede] lalo pa kung dayuhan siguro. Pero sa kasong nagdaan lalo kay Pangulong Duterte, hindi naman dayuhang Interpol ang humuli sa kaniya," Escudero said.
"Lalong hindi [pwede] kasi kung 'yung law enforcer nga na Pilipino hindi [pwede] lalo pa kung dayuhan siguro. Pero sa kasong nagdaan lalo kay Pangulong Duterte, hindi naman dayuhang Interpol ang humuli sa kaniya," Escudero said.
"Again, tradition 'yan. Tradition 'yan at rule 'yan na bahagi na ng Senado dahil naging practice ng Senado bilang pagtatanggol nga sa institusyon at institutional courtesy," Escudero said.
"Again, tradition 'yan. Tradition 'yan at rule 'yan na bahagi na ng Senado dahil naging practice ng Senado bilang pagtatanggol nga sa institusyon at institutional courtesy," Escudero said.
"Wala sa batas 'yan pero nasa rules ng Senado at institutional courtesy lamang 'yan. Hindi naman sa habang panahon hanggat mabigyan siya ng sapat na panahon na magkaroon ng linaw o pagpapasya 'yung kanyang judicial remedies," he added.
"Wala sa batas 'yan pero nasa rules ng Senado at institutional courtesy lamang 'yan. Hindi naman sa habang panahon hanggat mabigyan siya ng sapat na panahon na magkaroon ng linaw o pagpapasya 'yung kanyang judicial remedies," he added.
The Senate president also said he won't stop Dela Rosa from coming to the Senate, saying it's the ex-police chief's decision whether or not he will seek refuge in the Senate premises.
The Senate president also said he won't stop Dela Rosa from coming to the Senate, saying it's the ex-police chief's decision whether or not he will seek refuge in the Senate premises.
Escudero cited a long line of precedent where past Senators were not arrested inside the Senate:
Escudero cited a long line of precedent where past Senators were not arrested inside the Senate:
JUAN PONCE ENRILE (Rebellion Complex)
Voluntary Surrender to Authorities on February 27, 1990 outside Senate premises
Senate in session
-On 27 February 1990, Senate President Jovito Salonga did not allow the arrest of Senator Juan Ponce Enrile, who was charged with “rebellion complexed with murder,” while a Senate session was in progress. He instructed Senate security to bar NBI agents from entering the Senate. NBI Director Alfredo Lim went to the Senate President’s office with the arrest warrant against Senator Enrile but Senate President Salonga objected to the serving of the warrant in Senate premises. Senator Enrile surrendered to the NBI outside the Senate after delivering a privilege speech.
-On 27 February 1990, Senate President Jovito Salonga did not allow the arrest of Senator Juan Ponce Enrile, who was charged with “rebellion complexed with murder,” while a Senate session was in progress. He instructed Senate security to bar NBI agents from entering the Senate. NBI Director Alfredo Lim went to the Senate President’s office with the arrest warrant against Senator Enrile but Senate President Salonga objected to the serving of the warrant in Senate premises. Senator Enrile surrendered to the NBI outside the Senate after delivering a privilege speech.
GREGORIO HONASAN (Coup d’ etat/ Oakwood)
Went into hiding
-In August 2003, Senate President Franklin Drilon said that Senator Gregorio Honasan cannot be arrested without a warrant for his supposed involvement in the “Oakwood mutiny.”
-In August 2003, Senate President Franklin Drilon said that Senator Gregorio Honasan cannot be arrested without a warrant for his supposed involvement in the “Oakwood mutiny.”
PANFILO LACSON (Double Murder)
Fled the country
-In February 2010, Senate President Juan Ponce Enrile said that while Senator Panfilo Lacson, who was indicted for double murder, cannot invoke parliamentary immunity, he will not allow lawmen to arrest Senator Lacson while the Senators are in session and that it will be up to the authorities to locate him.
-In February 2010, Senate President Juan Ponce Enrile said that while Senator Panfilo Lacson, who was indicted for double murder, cannot invoke parliamentary immunity, he will not allow lawmen to arrest Senator Lacson while the Senators are in session and that it will be up to the authorities to locate him.
JUAN PONCE ENRILE, JINGGOY EJERCITO ESTRADA, and BONG REVILLA (PDAF)
Voluntary Surrender to Authorities upon Issuance of Warrant of Arrest
Senate in Compulsory Recess
-In June 2014, Senate President Drilon said that he would not allow Senators Juan Ponce Enrile, Jinggoy Ejercito Estrada and Ramon Bong Revilla Jr., who were all indicted for plunder, to be arrested in the session hall or inside the Senate building. Acknowledging that his refusal was not a matter of law but of institutional courtesy, he asked the authorities not to arrest the Senators within the chamber’s premises. Senators Enrile, Estrada and Revilla voluntarily surrendered to authorities on the same day that the warrants were issued by the Sandiganbayan for their arrest. Senator Revilla surrendered to authorities on the same day, Senator Estrada surrendered to his father on June 23, and Senator Enrile on July 4.
-In June 2014, Senate President Drilon said that he would not allow Senators Juan Ponce Enrile, Jinggoy Ejercito Estrada and Ramon Bong Revilla Jr., who were all indicted for plunder, to be arrested in the session hall or inside the Senate building. Acknowledging that his refusal was not a matter of law but of institutional courtesy, he asked the authorities not to arrest the Senators within the chamber’s premises. Senators Enrile, Estrada and Revilla voluntarily surrendered to authorities on the same day that the warrants were issued by the Sandiganbayan for their arrest. Senator Revilla surrendered to authorities on the same day, Senator Estrada surrendered to his father on June 23, and Senator Enrile on July 4.
LEILA DE LIMA (Illegal Drugs)
Spent one night the Senate but surrendered to authorities the following morning (February 24, 2107) just outside the Senate VIP parking area
Senate in session
-In February 2017, Senate President Aquilino Pimentel III said that while the Senate will not intervene in the illegal drugs cases against Senator Leila De Lima the arresting officers must coordinate with Senate security. He added that Senator De Lima should be treated with respect and cannot be arrested while attending a Senate session. In the morning of February 24, 2017, after spending the previous night in her Senate office, Senator De Lima surrendered to authorities just outside the Senate VIP parking area.
-In February 2017, Senate President Aquilino Pimentel III said that while the Senate will not intervene in the illegal drugs cases against Senator Leila De Lima the arresting officers must coordinate with Senate security. He added that Senator De Lima should be treated with respect and cannot be arrested while attending a Senate session. In the morning of February 24, 2017, after spending the previous night in her Senate office, Senator De Lima surrendered to authorities just outside the Senate VIP parking area.
ANTONIO TRILLANES IV (Proclamation No. 572 – Revocation of Amnesty with Order to Apprehend)
Stayed in his Senate office for 25 days (from September 4 to 29, 2018)
Senate in session
-On 4 September 2018, Senate President Vicente Sotto III said that he will not allow the arrest of Senator Antonio Trillanes IV within the premises to preserve the dignity of the Senate. He allowed Senator Trillanes to stay within the Senate and ordered the Sergeant-at-Arms not to allow the arrest of Senator Trillanes inside Senate premises. Senator Trillanes stayed in his Senate office for 25 days from September 4 to September 29, 2018. He left the Senate premises when the Makati RTC hearing the the coup d’etat charges against Senator Trillanes deferred the issuance of a warrant of arrest.
-On 4 September 2018, Senate President Vicente Sotto III said that he will not allow the arrest of Senator Antonio Trillanes IV within the premises to preserve the dignity of the Senate. He allowed Senator Trillanes to stay within the Senate and ordered the Sergeant-at-Arms not to allow the arrest of Senator Trillanes inside Senate premises. Senator Trillanes stayed in his Senate office for 25 days from September 4 to September 29, 2018. He left the Senate premises when the Makati RTC hearing the the coup d’etat charges against Senator Trillanes deferred the issuance of a warrant of arrest.
Escudero bared that he has spoken to Dela Rosa and cited the same precedents.
Escudero bared that he has spoken to Dela Rosa and cited the same precedents.
He reiterated that not allowing the authorities to arrest senators within the premises has no legal basis, but is instead on institutional courtesy.
He reiterated that not allowing the authorities to arrest senators within the premises has no legal basis, but is instead on institutional courtesy.
"Hindi nakabase sa batas, pero nakabase sa tinatawag na institutional courtesy. Hindi papayagan ng Senadong arestuhin ang sino mang miyembro niya sa loob ng Senado. Lalo na kung mayroong sesyon," Escudero said.
"Hindi nakabase sa batas, pero nakabase sa tinatawag na institutional courtesy. Hindi papayagan ng Senadong arestuhin ang sino mang miyembro niya sa loob ng Senado. Lalo na kung mayroong sesyon," Escudero said.
"Again, institutional courtesy dictates na huwag ito pasukin ng kapulisan para may posasang senador. Dalawang bagay ang nangyayari. I-exhaust yung legal remedy o kusang lumalabas yung senador sa Senado," he added.
"Again, institutional courtesy dictates na huwag ito pasukin ng kapulisan para may posasang senador. Dalawang bagay ang nangyayari. I-exhaust yung legal remedy o kusang lumalabas yung senador sa Senado," he added.
Escudero pointed out that the Constitution is clear in Article 6, Section 11 on the privilege of lawmakers from arrest.
Escudero pointed out that the Constitution is clear in Article 6, Section 11 on the privilege of lawmakers from arrest.
Under the constitution, a senator or member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. No member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.
Under the constitution, a senator or member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. No member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.
Escudero said the Senate will make sure Dela Rosa has all the opportunities to avail of judicial remedies.
Escudero said the Senate will make sure Dela Rosa has all the opportunities to avail of judicial remedies.
"Ang sinabi ko sa kanya, we will try to afford him every opportunity to avail of legal remedies that he is entitled to. Sa katunayan, ginawa na niya. Dahil co-petitioner siya ni Pangulong Duterte, hindi ba? Sa Supreme Court case, kung saan bagaman walang ginrant na TRO ay pinasagot 'yung mga respondents sa kaso at posibleng maaksyonan niya ng Korte Suprema sa hindi malayong hinaharap. Lalo na kung sakasakaling maglabas ulit ng warant ang ICC," Escudero said.
"Ang sinabi ko sa kanya, we will try to afford him every opportunity to avail of legal remedies that he is entitled to. Sa katunayan, ginawa na niya. Dahil co-petitioner siya ni Pangulong Duterte, hindi ba? Sa Supreme Court case, kung saan bagaman walang ginrant na TRO ay pinasagot 'yung mga respondents sa kaso at posibleng maaksyonan niya ng Korte Suprema sa hindi malayong hinaharap. Lalo na kung sakasakaling maglabas ulit ng warant ang ICC," Escudero said.
He, however, clarified that Dela Rosa said nothing about hiding in the Senate.
He, however, clarified that Dela Rosa said nothing about hiding in the Senate.
"Wala siyang sinabing ganoon. Nagtanong lamang siya ng iba't ibang options na pwede sa kanya dito kaugnay ng Senado. Hindi ako isa sa mga abogado niya para magbigay ng suhestiyon maliban sa pwedeng magawa o gawin ng Senado at hindi rin para sa akin na sabihin kung ano yung mga options na nabanggit niya," Escudero said.
"Wala siyang sinabing ganoon. Nagtanong lamang siya ng iba't ibang options na pwede sa kanya dito kaugnay ng Senado. Hindi ako isa sa mga abogado niya para magbigay ng suhestiyon maliban sa pwedeng magawa o gawin ng Senado at hindi rin para sa akin na sabihin kung ano yung mga options na nabanggit niya," Escudero said.
Meanwhile, Senator Alan Peter Cayetano on Friday said the Senate may offer protection to Dela Rosa.
Meanwhile, Senator Alan Peter Cayetano on Friday said the Senate may offer protection to Dela Rosa.
“The Senate will always protect the [members of its] institution, but it doesn’t want a constitutional crisis. I’m hoping that by the time na maglabas ang ICC, if and when maglabas [ng warrant], there will be some guidance on paper,” he said last March 14.
“The Senate will always protect the [members of its] institution, but it doesn’t want a constitutional crisis. I’m hoping that by the time na maglabas ang ICC, if and when maglabas [ng warrant], there will be some guidance on paper,” he said last March 14.
“May time din naman ang Supreme Court para may guidance na tayo pare-pareho. It's the confusion that's the killer,” he added.
“May time din naman ang Supreme Court para may guidance na tayo pare-pareho. It's the confusion that's the killer,” he added.
“The concept of a sanctuary is to protect the legal rights of the senator and the integrity of the Senate, and not to create a parang embassy that is a separate country you cannot touch,” he said.
“The concept of a sanctuary is to protect the legal rights of the senator and the integrity of the Senate, and not to create a parang embassy that is a separate country you cannot touch,” he said.
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