The Senate will not allow any of its members to be arrested inside the chamber’s premises, especially during a session, Senate President Francis “Chiz” Escudero said, citing institutional courtesy in a press briefing on Monday.

“Hindi papayagan ng Senado na arestuhin ang sinumang miyembro niya sa loob ng Senado. Lalo na kung mayroong sesyon (The Senate will not allow the arrest of any of its members inside the Senate, especially if there is a session),” Escudero told reporters.

Escudero made this statement after Senator Ronald “Bato” Dela Rosa said he would seek intervention from the Senate in anticipation of an arrest warrant from the International Criminal Court (ICC) against him as a “co-perpetrator” of former president Rodrigo Duterte in “crimes against humanity” related to the bloody war on drugs campaign during his tenure.

Escudero said Dela Rosa could stay within the Senate premises until all his legal remedies have been exhausted, recalling previous cases where senators sought protection from the Senate amid arrest warrants.

“Historically, may sesyon o wala, again, institutional courtesy dictates na—‘wag ito pasukin ng kapulisan para may posasang senador. Dalawang bagay ang nangyayari, ie-exhaust ‘yong legal remedy o kusang lumalabas ‘yong senador sa Senado (Historically, whether there’s a session or not, again, institutional courtesy dictates that—police can’t enter the premises to handcuff a senator. Two things happen: he will exhaust the legal remedy or the senator will voluntarily leave the Senate),” he said.

Escudero explained that institutional courtesy has been part of the chamber’s rules for years.

He noted that Dela Rosa can decide whether he wants to stay in the Senate while seeking legal remedies.

“Hindi para sa akin na pigilan si Senator Bato na magtungo dito. Desisyon niya ‘yon, pero ang hangganan siguro no’n ay hanggang makakuha at klaro na kung ano ang magiging pasya ng korte kaugnay sa kanyang pag-avail ng kanyang judicial remedies na karapatan niya. Hindi lamang bilang senador, bilang isang ordinaryong mamamayan (It is not for me to stop Senator Bato from staying here. It’s his decision, but until then, he gets a clear decision from the Court regarding his rights to judicial remedies. Not only as a senator but as an ordinary citizen),” Escudero said.

“Ang isang sinabi ko sa kanya [One thing I told him], we will try to afford him every opportunity to avail of legal remedies that he is entitled to,” he added.

Escudero stressed that rendering institutional courtesy to senators was part of the chamber’s traditional rules.

“Dahil naging practice ng Senado bilang pagtatanggol nga sa institusyon (That has become a practice in the Senate to protect the institution),” he said.

“At institutional courtesy, ulitin ko, wala sa batas ‘yan pero nasa rules ng Senado at institutional courtesy lamang ‘yan. Hindi naman sa habang panahon. Hangga’t mabigyan siya ng sapat na panahon na magkaroon ng linaw o pagpapasya yung kanyang judicial remedies (And institutional courtesy, I repeat, is not stated in law, but that has been part of Senate rules and it’s just institutional courtesy. It won’t take forever. Only until the time it will all be clear or the judicial remedies are decided),” Escudero further said.

Dela Rosa, former PNP chief, led controversial anti-drug campaign under Duterte

Dela Rosa, who served as Philippine National Police chief from 2016 to 2018, oversaw the controversial Oplan Tokhang anti-drug campaign during the Duterte administration.

Amid reports of a possible ICC warrant for former President Duterte, Dela Rosa had earlier sought protection from Senate President Escudero in case a similar warrant is issued against him.

On 13 March, Dela Rosa said he is prepared to face charges if victims of extrajudicial killings file a case against him.