No arrest of senators while Senate in session – Hontiveros

By Wilnard Bacelonia, Philippine News Agency

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. The senator said the ICC development is “difficult” but something the Senate must be prepared to face institutionally. (Photo: PNA/Facebook)

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.

The senator said the ICC development is “difficult” but something the Senate must be prepared to face institutionally.

“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 (we have investigated, this one, which has an international scope, is of course difficult, even a painful process for the Senate. But we have to face it as an institution at the proper time),” she said in a chance interview after a public consultation in Bulacan.

Hontiveros noted that domestic and international legal processes operate separately, pointing out that previous ICC actions were viewed as arising after local remedies had been considered exhausted.

She emphasized that no official documents have yet set specific processes in motion.

“Well, I believe indictment pa lang ‘yan, wala pa namang nilalabas na mga dokumento that would set certain processes in motion,” she said.

Hontiveros said any future step affecting incumbent senators would have to be discussed further by the chamber.

Meanwhile, Senate President Pro Tempore Panfilo Lacson said his earlier statement saying any ICC arrest warrant should go through domestic courts were meant to protect the country’s Constitution and not Senators Ronald dela Rosa and Christopher “Bong” Go.

In a post on X, Lacson said critics misread his stance as protective of personalities rather than institutions.

“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.

He said Article III, Section 2 of the 1987 Constitution provides that warrants of arrest shall only be issued upon probable cause determined personally by a judge.

“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.

He also disclosed that the Senate may take up possible options within the week, with its legal team studying courses of action aligned with the Constitution and existing statutes.