ILOILO City — Former Senate President Franklin Drilon questioned the legality of the Senate’s decision to place Sen. Ronald “Bato” Dela Rosa under “protective custody,” stressing that such a concept does not exist under Philippine laws or the Rules of Court, amid reports of an impending arrest linked to the International Criminal Court (ICC).
“There is no protective custody in the rules of court,” Drilon said in an interview with ANC, reacting to the Senate’s move under the leadership of newly elected Senate President Alan Peter Cayetano after the National Bureau of Investigation (NBI) attempted to serve an ICC arrest warrant against Dela Rosa on Monday, May 11.
“There is no protective custody in the rules of court applicable in this particular case. A protective custody, to my understanding, is usually taken or undertaken by law enforcement agencies that try to protect a witness or somebody or one accused of a crime. That is the protective custody I understand in its usual ordinary meaning,” Drilon said.
Dela Rosa has been under ICC investigation as a suspected indirect co-perpetrator in the crimes against humanity case filed against former president Rodrigo Duterte over the latter’s bloody drug war.
Drilon further said that if Dela Rosa remains inside Senate premises, law enforcement agencies such as the NBI may opt not to enforce the arrest warrant but only out of the tradition of institutional courtesy to the Senate and to Dela Rosa as a sitting senator; protective custody is not applicable.
“I must emphasize that there is no law which says a senator can be protected or exempt from a warrant of arrest, except if the crime for which he is charged is a minor offense or would have a penalty of six years or less, and when the Senate is in the session,” Drilon added.
The Ilonggo statesman pointed out that the arrest warrant against Dela Rosa came from the ICC, an international tribunal previously recognized by the Philippines through its adherence to the Rome Statute before the country withdrew its membership in 2018.
When asked whether Dela Rosa could stay inside the Senate until the 2028 elections, Drilon said the authority over Senate premises rests with the Senate President.
“The control over the Senate premises is with the Senate President. That is in the Senate rules. Therefore, if he allows Bato to stay in the Senate premises for the next two years, the Senate President is empowered to do that,” Drilon said.
Still, Drilon emphasized that the Senate cannot legally prevent authorities from enforcing a lawful arrest warrant unless covered by constitutional exemptions.
He further stressed that any non-arrest of Dela Rosa would be merely based on Senate tradition and not on law.
The Senate on Monday placed Dela Rosa under protective custody after concerns surfaced over alleged monitoring activities inside Senate premises amid reports of an ICC arrest warrant tied to the Duterte administration’s anti-illegal drugs campaign.
Sen. Rodante Marcoleta questioned the presence of the NBI in the Senate, saying international law enforcement coordination should normally pass through the Philippine Center on Transnational Crime (PCTC), the country’s Interpol counterpart.
Dela Rosa returned to the Senate on Monday afternoon after an absence beginning November 2025 amid reports of an alleged ICC warrant against him./PN
