Bato can seek refuge in Senate - Escudero

Sen. Ronald dela Rosa could seek refuge in the Senate in case the International Criminal Court (ICC) orders his arrest for crimes against humanity, Senate President Francis Escudero confirmed yesterday

- DAPHNE GALVEZ

"The Senate's decision on this matter is based not on the law but on what is referred to as institutional courtesy. The Senate will not allow any of its members to be arrested while inside the chamber, especially during a session," he told Senate reporters during a press conference.

"Institutional courtesy dictates that law enforcement should not enter the Senate, especially if there's a possibility of arresting a senator," he said.

Escudero said Dela Rosa, deemed to be a "co-perpetrator" of former president Rodrigo Duterte in the ICC charges, requested if he could remain in the Senate until all of his legal remedies, such as filing petitions and appeals to the Supreme Court, are exhausted.

The Senate President cited precedents in allowing Dela Rosa refuge, such as the cases of former Senate president Juan Ponce Enrile, Senators Ramon Revilla Jr. and Jinggoy Estrada, as well as former senators Panfilo Lacson, Leila de Lima and Antonio Trillanes IV.

Escudero said that historically, no one has ever been arrested inside the Senate.

"There are two possible scenarios: either exhaust the legal remedy or the senator voluntarily leaves the Senate. The clearest example is the case of senator Leila de Lima. She only spent one night here, and the next day she surrendered to the authorities,” he explained.

In the cases of Estrada and Revilla, they also surrendered after a day. Enrile, on the other hand, surrendered after a year.

“Senator Lacson hid for several months until the Supreme Court intervened; he wasn’t in the Senate during that time. And according to senator Enrile, it’s not his job to find senator Lacson or say where he is, if he even knows. That’s the responsibility of the authorities to locate him,” Escudero recalled.

While senators could seek refuge in the Senate, Escudero emphasized that Dela Rosa cannot stay there indefinitely.