MANILA — Senator Risa Hontiveros cited the long-standing Senate tradition that no member can be arrested while the chamber is in session, following the tagging of Senators Ronald dela Rosa and Bong Go as alleged “co-perpetrators” in former president Rodrigo Duterte’s crimes against humanity case before the International Criminal Court.

Hontiveros described the ICC development as “difficult” but said the Senate must be prepared to address it institutionally.

“Like other issues na inimbestiga… ito na may international scope ay syempre mahirap, even masakit na proseso para sa Senate. Pero kailangan naming harapin as an institution at the proper time (we have investigated, this one, which has an international scope, is of course difficult, even a painful process for the Senate. But we have to face it as an institution at the proper time),” she said in a chance interview after a public consultation in Bulacan.

The senator noted that domestic and international legal processes operate separately, adding that prior ICC actions were seen as arising only after local remedies had been considered exhausted. She also said no official documents have yet triggered specific procedures.

“Well, I believe indictment pa lang ‘yan, wala pa namang nilalabas na mga dokumento that would set certain processes in motion,” Hontiveros said.

She added that any future step affecting incumbent senators would require further discussion in the chamber.

Meanwhile, Senate President Pro Tempore Panfilo Lacson clarified that his earlier statement—that any ICC arrest warrant should go through domestic courts—was intended to uphold the Constitution, not to protect Senators dela Rosa and Go personally.

“To those who criticize my opinion on the need for a corresponding domestic court order before the ICC warrants of arrest against our fellow senators and others may be implemented, let me be clear: what I am protecting is our country’s legal processes as enshrined in Article III Section 2 of the 1987 Constitution, not Senators Ronald de la Rosa and Bong Go,” Lacson said in a post on X.

He explained that Article III, Section 2 of the Constitution requires that warrants of arrest be issued only upon probable cause determined personally by a judge.

“Despite contrasting legal opinions on the matter, at the proper time, it is only the Supreme Court that will interpret the constitutional provision and legal procedure in this regard,” Lacson added.

He also said the Senate may discuss possible courses of action this week, with its legal team reviewing options aligned with the Constitution and existing laws.