Former Senate President Franklin Drilon has stated that there is no legal basis for placing a senator under protective custody in the Philippines. His remarks come as questions arise regarding the possible arrest of Senator Ronald dela Rosa due to a reported warrant linked to the International Criminal Court (ICC).
In an interview on ANC's 'Headstart', Drilon emphasized that the concept of protective custody is not recognized in the Philippine Rules of Court. He explained, "There is no protective custody in the Rules of Court. Protective custody, to my understanding, is usually undertaken by law enforcement agencies to protect a witness or someone accused of a crime."
Drilon, an experienced lawyer and former justice secretary, noted that senators are not generally immune from arrest, except under limited constitutional circumstances. He stated, "There is no law which says that a senator can be protected or exempt from a warrant of arrest."
He pointed out that the Constitution only offers protection from arrest for offenses carrying a penalty of six years or less when Congress is in session. Outside of this scenario, law enforcement can execute lawful orders.
The continued non-arrest of a senator is because of tradition, not because of law.
Franklin Drilon
Drilon acknowledged an established practice where law enforcement may extend courtesy to senators during congressional sessions. However, he clarified, "The control over Senate premises is with the Senate president. If he allows Senator Bato to stay there, he is empowered to do that under Senate rules. But the question is whether law enforcement may enforce the warrant."
He explained that if authorities choose not to act on an arrest warrant within Senate premises, it would be a matter of courtesy rather than a legal restriction.
On the possibility of a Senate vote regarding the ICC warrant, Drilon expressed skepticism. He indicated that such a motion might be filed, but it would unlikely supersede legal obligations stemming from the Philippines' prior commitment to the Rome Statute.
Despite the Philippines withdrawing from the ICC in 2019, Drilon reminded that the country had previously acknowledged the tribunal's jurisdiction.