The Senate will not allow any of its members to be arrested within its premises, especially during a session, Senate President Francis “Chiz” Escudero said Monday, citing institutional courtesy.

In a press briefing on Monday, Escudero told reporters, in response to speculations surrounding the status of Senator Ronald “Bato” dela Rosa: “The Senate will not allow the arrest of any of its members inside its halls, especially if there is a session.”

Dela Rosa, who served as Philippine National Police chief under former President Rodrigo Duterte and who was a key figure in the controversial war on drugs, recently said he would seek the Senate’s intervention should an arrest warrant be issued against him by the International Criminal Court (ICC).

The ICC is investigating Dela Rosa for his alleged role as a “co-perpetrator” in the alleged crimes against humanity committed during the bloody war on drugs during which thousands lost their lives in extrajudicial killings.

Escudero said Dela Rosa could remain within the Senate premises until all legal remedies are exhausted, citing historical precedents where senators had sought Senate protection as they faced arrest warrants.

“Historically, whether there’s a session or not, institutional courtesy dictates that police cannot enter the premises to arrest a senator. Two things happen: either the senator exhausts his legal remedies or he voluntarily surrenders outside the Senate,” Escudero explained.

‘Historically, whether there’s a session or not, institutional courtesy dictates that police cannot enter the premises to arrest a senator.’

He said that while Dela Rosa is welcome to stay in the Senate, the decision is ultimately his.

“It is not for me to stop Senator Bato from staying here. It’s his decision, but until he receives a clear decision from the court regarding his right to judicial remedies, which he is entitled to, not just as a senator but as an ordinary citizen,” Escudero said.

He also highlighted the Senate’s longstanding tradition of extending institutional courtesy to its members in such situations.

“This has become a practice in the Senate to protect the institution,” he said.

He emphasized that this courtesy is not mandated by law, but is a Senate rule.

“Institutional courtesy, I repeat, is not written in law but is part of the Senate’s rules; it’s just institutional courtesy. It won’t be forever, just until he has enough time to clarify or resolve his judicial remedies,” Escudero said.

In addition, Escudero assured that Dela Rosa would be afforded every opportunity to exhaust all legal remedies before any actions are taken.

“One thing I told him is that we will try to afford him every opportunity to avail himself of the legal remedies that he is entitled to,” he said.

While Escudero’s remarks provided clarity on the Senate’s stance, the situation remains a subject of political and legal contention, especially as the ICC’s investigation into Duterte’s drug war continues to unfold.