An official of the Department of Justice on Tuesday clarified that legislators are not immune from arrest, but enforcement can only take place when Congress is in recess.

Prosecutor General Richard Anthony Fadullon issued the statement following claims by Ombudsman Jesus Crispin Remulla that the International Criminal Court (ICC) has issued an arrest warrant for Senator Ronald Dela Rosa in connection with the anti-drug campaign of the previous administration.

“If you’re talking about the possibility of arrest and possibility of facing the issue of immunity, there is no such thing as immunity even if you are a legislator,” Fadullon said.

However, he noted that restrictions apply only when the penalty exceeds six years and one day of imprisonment.

He explained that arrests cannot be carried out while Congress is in session, but “the restriction is lifted and arrest is possible if for example they are on recess.”

Fadullon also referred to Dela Rosa’s earlier comments about possibly seeking refuge. “We have heard the good senator already make some statements before that he would seek possible asylum or refuge in the Senate,” he said.

“Certainly that is one matter that can be or will be taken into account in deciding what action or course of action the government will take,” he added.