Escudero: Dela Rosa can seek refuge in Senate if ICC issues warrant
PHOTO: Official Facebook page of Sen. Ronald “Bato” Dela Rosa
MANILA, Philippines — Senate President Francis “Chiz” Escudero confirms Sen. Ronald “Bato” dela Rosa could take sanctuary in the upper chamber in case an arrest warrant is issued by the International Criminal Court, adding that he would not allow a lawmaker to be arrested within the institution’s grounds.
This was disclosed by the Senate chief himself in a press conference on Monday after being asked if he would allow dela Rosa to take sanctuary in the Senate should the International Criminal Court (ICC) issued a warrant of arrest.
“Hindi para sa akin na pigilan si Sen. Bato na magtungo dito. Desisyon niya yun. Pero ang hangganan siguro noon ay hanggang makakuha at klaro na kung anong magiging pasya ng korte kaugnay sa kanyang pag avail ng kanyang judicial remedies na karapatan niya,” said Escudero.
(It’s not for me to stop Sen. Bato from coming here. That’s his decision. But I suppose the limit would be until he gets and clarifies what the court’s decision will be regarding his right to avail of his judicial remedies.)
READ: Bato dela Rosa: I can defend myself at ICC even if I’m not a lawyer
But will this be viable even if Congress is not in session? Does this mean dela Rosa wouldn’t be arrested by authorities as long as he is within the chamber’s grounds?
According to Escudero, this has been the practice observed by the previous Senate chiefs and the tradition in line with the Senate’s rules.
Asked if he also wouldn’t allow an arrest to happen within the upper chamber even if Congress is not in session, Escudero answered in the affirmative.
“Yes,” he simply said.
Dela Rosa earlier broke his silence following the arrest of former president Rodrigo Duterte, saying that he plans to make a demand to Escudero and ask if the chamber’s chief could allow him to seek refuge in the Senate and refrain from handing him to the ICC as long as he can.
READ: Bato Dela Rosa claims he was promised ICC ‘won’t touch a hair’ on him
Being Duterte’s former top cop, dela Rosa was the one who issued Command Memorandum Circular No. 16-2016 when he assumed power as PNP chief. The memo was the basis for Project Double Barrel that started Duterte’s war on drugs.
This particular role landed him on the roster of Duterte administration officials who were accused of crimes against humanity by drug war victims-families before the ICC.
Meanwhile, one of the privileges that a member of Congress enjoys is the privilege from arrest.
Section 11, Article VI of the Constitution specifically states that a senator or a 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.
As stated in the Senate website, this privilege is intended to insure representation of the constituents by the members of Congress.
“These privileges are thus secured not with the intention of protecting the members against prosecutors for their own benefit, but to support the rights of the people, by enabling their representatives to execute the function of their office without fear of prosecution, civil or criminal,” it reads.
