MANILA — A longstanding Senate practice barring the arrest of incumbent senators within the chamber while Congress is in session has come into focus following the identification of two sitting lawmakers in an International Criminal Court (ICC) case linked to former president Rodrigo Duterte’s anti-drug campaign.
Sen. Risa Hontiveros on Monday pointed to the internal parliamentary protection amid reports that Senators Ronald dela Rosa and Christopher “Bong” Go were named as alleged “co-perpetrators” in crimes against humanity accusations filed before the ICC.
Hontiveros acknowledged the gravity of the development and said the Senate must be ready to respond as an institution.
“Like other issues na inimbestiga… ito na may international scope ay syempre mahirap, even masakit na proseso para sa Senate. Pero kailangan naming harapin as an institution at the proper time,” Hontiveros said.
She clarified that the matter remains at an early stage and that no official documents have yet triggered formal legal processes affecting the senators.
“Well, I believe indictment pa lang ‘yan, wala pa namang nilalabas na mga dokumento that would set certain processes in motion,” she said.
Hontiveros added that any potential action involving incumbent senators would require deliberation within the Senate, stressing the need to distinguish between domestic legal processes and international proceedings. She noted that ICC intervention is generally seen as taking place when local remedies have been exhausted.
Meanwhile, Senate President Pro Tempore Panfilo Lacson underscored constitutional safeguards, saying his earlier statement about requiring a corresponding domestic court order before enforcing any ICC arrest warrants was meant to protect legal processes, not specific individuals.
“To those who criticize my opinion on the need for a corresponding domestic court order before the ICC warrants of arrest against our fellow senators and others may be implemented, let me be clear: what I am protecting is our country’s legal processes as enshrined in Article III Section 2 of the 1987 Constitution, not Senators Ronald de la Rosa and Bong Go,” Lacson said in a post on X.
He cited constitutional provisions requiring that arrest warrants be issued only after a judge determines probable cause.
“Despite contrasting legal opinions on the matter, at the proper time, it is only the Supreme Court that will interpret the constitutional provision and legal procedure in this regard,” he added.
Lacson also said the Senate may review its legal options within the week, with its legal team studying possible actions consistent with the Constitution and existing laws.
The ICC investigation stems from allegations tied to Duterte’s anti-drug campaign, which has drawn international scrutiny over claims of widespread human rights violations./PN
