Manila: Malaca±ang on Tuesday clarified that the Senate's protective custody over Sen. Ronald 'Bato' dela Rosa has legal limitations, emphasizing that Philippine laws would dictate actions concerning the International Criminal Court's arrest warrant issued against him.
According to Philippines News Agency, Palace Press Officer Claire Castro, a lawyer, highlighted that Republic Act 9851, known as the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, governs this issue, despite the Philippines' withdrawal from the ICC. During a Palace press briefing, Castro explained that under Section 17 of RA 9851, the country might defer to an international tribunal already conducting an investigation. She noted that the Philippines could waive its right and allow the international court to conduct the investigation, following the provisions of RA 9851.
Castro further stated that the Department of Justice had previously mentioned only two options under the law - surrender or extradition. She mentioned that a Supreme Court circular on extradition is applicable only to requests from a state, not from the ICC. When questioned on enforcing a warrant if the Senate provides Dela Rosa protective custody, Castro remarked that senators' privileges are limited. She explained that while there is a privilege against arrest for senators during sessions and within Senate premises, this does not apply to crimes carrying a penalty of more than six years.
Addressing concerns about the Senate becoming a 'sanctuary' for Dela Rosa, Castro asserted that lawmakers should be aware of their authority limits and adhere to the law. She also emphasized the Philippines' obligations to Interpol to ensure accountability. Regarding Dela Rosa's appeal for protection from President Ferdinand R. Marcos Jr., Castro stated that all parties, including alleged extrajudicial killing victims and accused persons, are entitled to legal protection. She emphasized that President Marcos has consistently instructed law enforcement agencies to adhere to the law.
Dela Rosa, identified by the ICC as an 'indirect co-perpetrator' in former president Rodrigo Duterte's drug war, resumed work on Monday after being in hiding for several months. Castro urged supporters of Duterte and Dela Rosa to respect lawful processes and not incite violence, emphasizing the importance of understanding and following the law without resorting to force or harassment from various camps.
