Senate President Chiz Escudero. Photo: Senate of the Philippines / Facebook 

MANILA, Philippines – Senate President Francis “Chiz” Escudero said that the upper house will not allow the arrest of Sen. Ronald “Bato” dela Rosa within its premises as ordered in its rules and tradition should the International Criminal Court also order his custody. 

“Hindi papayagan ng Senadong arestuhin ang sinumang myebro niya sa loob ng senado lalo na kung merong sesyon,” Escudero said Monday. 

This practice, according to Escudero, is not a law but an “institutional courtesy” accorded by the Senate to its members. 

Escudero sampled previous instances where the Senate accorded sanctuary to sitting senators but only until legal remedies available to them have been decided or exhausted. 

The likes of senators Juan Ponce Enrile, Leila de Lima, Bong Revilla, Jinggoy Estrada and Sonny Trillanes all sought for Senate protection from arrest but not long after, eventually surrendered to authorities. 

“Sa lahat ng kasong ‘yun maliban na lamang kung winithdraw o inatras ‘yung warrant, ay sumuko din sa ma otoridad ‘yung mga myembro ng senado matapos nilang makuha o hindi makuha at klarong hindi na makukuha ‘yung kanilang legal remedies na sinusubukan kunin,” said Escudero. 

Just like the practice of past senate president, Escudero likewise will not allow the arrest of Dela Rosa, the chief architect of the Duterte administration’s war on drugs. 

The decision takes effect on both local and international law enforcement. 

“Kahit walang session basta nasa loob siya ng senado hindi pwede arestuhin. Hindi rin pinayagan ng mga naunang Senate president,” he said. 

“History dictates ‘wag ito pasukin ng kapulisan para may posasang senador,” he said. 

Hypothetically, if the arrest happens outside of Senate perimeters, the institution can no longer invoke its protection of its members, said Escudero.

Bato talks to Chiz 

Escudero confirmed that Dela Rosa talked to him inquiring about all forms of assistance the Senate can afford him. 

The Senate chief however clarified that Dela Rosa has not made any formal request for protection. 

“Wala siyang sinabing ganun, nagtanong lang siya ng iba’t-ibang options na available sa kanya,” Escudero said. 

Escudero also said that his office or the secretary general has not received any communication yet from the international tribunal.