ASEANEWS HEADLINE: DU30-ICC COURT TRIAL | MANILA: Bato can seek refuge in Senate – Escudero

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Escudero says Dela Rosa can seek refuge in Senate if ICC issues warrant

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MANILA, Philippines — Sen. Ronald dela Rosa could seek refuge in the Senate in case the International Criminal Court (ICC) orders his arrest for crimes against humanity, Senate President Francis Escudero confirmed yesterday.

“The Senate’s decision on this matter is based not on the law but on what is referred to as institutional courtesy. The Senate will not allow any of its members to be arrested while inside the chamber, especially during a session,” he told Senate reporters during a press conference.

“Institutional courtesy dictates that law enforcement should not enter the Senate, especially if there’s a possibility of arresting a senator,” he said.

Escudero said Dela Rosa, deemed to be a “co-perpetrator” of former president Rodrigo Duterte in the ICC charges, requested if he could remain in the Senate until all of his legal remedies, such as filing petitions and appeals to the Supreme Court, are exhausted.

 

The Senate President cited precedents in allowing Dela Rosa refuge, such as the cases of former Senate president Juan Ponce Enrile, Senators Ramon Revilla Jr. and Jinggoy Estrada, as well as former senators Panfilo Lacson, Leila de Lima and Antonio Trillanes IV.

Escudero said that historically, no one has ever been arrested inside the Senate.

“There are two possible scenarios: either exhaust the legal remedy or the senator voluntarily leaves the Senate. The clearest example is the case of senator Leila de Lima. She only spent one night here, and the next day she surrendered to the authorities,” he explained.

In the cases of Estrada and Revilla, they also surrendered after a day. Enrile, on the other hand, surrendered after a year.

“Senator Lacson hid for several months until the Supreme Court intervened; he wasn’t in the Senate during that time. And according to senator Enrile, it’s not his job to find senator Lacson or say where he is, if he even knows. That’s the responsibility of the authorities to locate him,” Escudero recalled.

While senators could seek refuge in the Senate, Escudero emphasized that Dela Rosa cannot stay there indefinitely.

Meanwhile, Dela Rosa, in a strongly worded statement, blasted National Security Adviser Eduardo Año for Duterte’s arrest.

“I’m sorry to say, Sir Ed, but you failed the Filipino people. You betrayed Duterte and you sold your soul to the enemy. And the best you can do right now is to cut and cut cleanly,” he said in response to reports that Año was instrumental in Duterte’s successful arrest and transfer to The Hague.

Año, a former chief of staff of the Armed Forces of the Philippines, as well as interior secretary during the Duterte administration, has yet to respond to Dela Rosa’s allegations.

Dela Rosa also earlier said that if the Philippine National Police (PNP) attempts to arrest him, its actions would be illegal because the solicitor general has already indicated that the Philippines is no longer under the jurisdiction of the ICC.

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Albayalde next?

Meanwhile, Gen. Oscar Albayalde, Dela Rosa’s successor as PNP chief during the Duterte administration, downplayed reports that he could soon be facing an arrest warrant himself.

“Let’s wait because all of these are mere speculations at this time,” Albayalde said yesterday over radio dzBB.

“And who is saying that but only two people who are not connected whatsoever to the ICC,” he added.

Albayalde was responding to statements from Kristina Conti, assistant to counsel at the ICC, who indicated that former PNP chiefs Dela Rosa and Albayalde could be next to face arrest warrants following the apprehension of former president Duterte.

Albayalde, who led the PNP from April 2018 to October 2019, said he is prepared for any legal actions that may arise.

“We are preparing for this, of course. We need to prepare for this… if the government decides to surrender us, we can’t do anything about it,” he said.

He emphasized that any decision regarding cooperation with the ICC rests with the Philippine government, stating that “at the end of the day, it’s still the government’s decision.”

The PNP has stated its readiness to assist the International Criminal Police Organization (Interpol) in serving arrest warrants that may be issued against individuals implicated in the drug war.

During his tenure as PNP chief, Albayalde oversaw the continuation of the government’s anti-drug campaign, which has been the subject of international scrutiny and an ongoing ICC investigation.

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Albayalde reiterated that the PNP followed proper procedures and did not receive illegal orders related to extrajudicial killings.

“If you check our operations, there was always an instruction that police operations should follow the rule of law and respect human rights at all times… no one was ordered to kill indiscriminately,” Albayalde said.

“As far as the PNP is concerned, we never received any illegal order from president Duterte,” he added.

The PNP confirmed yesterday that no arrest warrants have so far been issued against Duterte’s co-accused.

“As for the procedure regarding arrest, we prefer not to comment. What we can say is that the Philippines remains committed to serving warrants if requested by Interpol,” PNP public information office chief Col. Randulf Tuaño said in response to Escudero’s statement granting refuge to Dela Rosa in the Senate.

Senate refuge slammed

Citing an injustice, labor coalition NAGKAISA strongly opposed Dela Rosa’s plan to hide in the Senate.

NAGKAISA stressed that the Senate is not a safehouse for fugitives and taxpayers’ money should not be used for legal defense for criminals.

“At the minimum, Senator Dela Rosa should be suspended without pay,” NAGKAISA said, noting that ordinary government employees facing charges as minor as insubordination or misconduct are immediately placed on preventive suspension without pay for six months.

The labor group noted that Dela Rosa continues to receive salary and benefits while facing accusations of crimes against humanity.

Meanwhile, around 70 members of progressive groups such as Bagong Alyansang Makabayan or Bayan, Kabataan, Gabriela, Karapatan, Migrante, Alliance of Health Workers, Kadamay, Hustisya and Health Alliance for Democracy trooped to Nicanor Reyes Street in Manila yesterday to call for Duterte’s conviction, the country’s return to the ICC and the arrest of former PNP chiefs involved in Oplan Tokhang.

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“If thePhilippines does not re-establish its ICC membership, then it means Marcos is just all for show, and the Dutertes will use this non-membership to further trample on the struggles of the victims who are only seeking rightful justice,” Kabataan party-list Rep. Raoul Manuel said.

“It is time to reverse this wrongful decision that further reinforces the prevailing culture of impunity among state actors,” Bayan said in a statement, referring to Duterte’s withdrawal from the ICC. — Mark Ernest Villeza, Mayen Jaymalin, Ghio Ong