Manila: Sen. Risa Hontiveros on Monday referred to the long-standing Senate tradition that while the chamber is in session, no member will be arrested within its premises. Hontiveros made the statement following Senators Ronald Dela Rosa and Christopher Go's tagging as alleged "co-perpetrators" in former president Rodrigo Duterte's crimes against humanity case before the International Criminal Court (ICC) during his administration's war on drugs.
According to Philippines News Agency, the senator said the ICC development is 'difficult' but something the Senate must be prepared to face institutionally. She noted that the matter, which has an international scope, is a challenging process for the Senate, but it must be addressed at the appropriate time as an institution.
Hontiveros pointed out that domestic and international legal processes operate separately, stating that previous ICC actions were seen as arising after local remedies had been considered exhausted. She emphasized that no official documents have yet set specific processes in motion regarding the issue.
Furthermore, Hontiveros mentioned that any future step affecting incumbent senators would have to be discussed further by the chamber. Meanwhile, Senate President Pro Tempore Panfilo Lacson clarified that his earlier statement on ICC arrest warrants was meant to protect the country's Constitution and not Senators Dela Rosa and Go.
Lacson, in a post on X, stated that critics misinterpreted his stance as protective of individuals rather than institutions. He reiterated that his opinion was focused on ensuring that any ICC warrants should go through domestic courts, in line with Article III Section 2 of the 1987 Constitution, which requires arrest warrants to be issued based on probable cause determined personally by a judge.
He added that despite differing legal opinions on the matter, ultimately, it is the Supreme Court that will interpret the constitutional provision and legal procedures. Lacson also mentioned that the Senate may explore possible options within the week, with its legal team studying actions aligned with the Constitution and existing statutes.
