The ethics complaint seeking the imposition of a “no work, no pay” sanction against Senator Bato de la Rosa, arising from his prolonged absence, is poised to be dismissed outright as it’s not covered by the Senate rules. Unless the chamber amends the same before hearing the case, Senator JV Ejercito said Wednesday. 

“If we proceed with this, the case will be dismissed outright because it is not in our rules. We cannot find it anywhere in our rules, [whether in] ethics or in the Senate rules,” said Ejercito, chair of the Senate Committee on Ethics and Privileges, in a briefing shortly after the panel’s second closed-door meeting.

“If they want it to prosper, we need to amend the rules to include [the] no work, no pay,” he added.

De la Rosa has been absent from the Senate since November last year, shortly after Ombudsman Boying Remulla announced that an International Criminal Court warrant is already out for him for his role in the deadly drug war of former president Rodrigo Duterte as former police chief.

Senate President Tito Sotto and De la Rosa’s allies in the minority bloc said they received no communication from him, though they claimed that his office continues to function without him. 

According to Ejercito, there is also no indication that De la Rosa’s ethics case requires immediate attention by the committee because they follow a “first-in, first-out” basis. 

Since De la Rosa’s case is either fifth or sixth in line, it’s not considered a priority. Ejercito was quick to dismiss allegations that the committee is dragging its feet on the case, asserting that the panel strictly abides by the rules and cannot merely act on external pressure just because De la Rosa’s case is politically urgent.

In February, ICC prosecutors named De la Rosa and another close ally, Senator Bong Go, as among Duterte's “co-perpetrators” in the crimes against humanity tied to his bloody drug war. 

Records from the ICC showed that Duterte and his co-perpetrators, including members of the law enforcement agencies, carried out a so-called “common plan” to curb illegal drugs and crimes, which allegedly involved systematic killings, torture, and other crimes.

De la Rosa was also the signatory of the Command Memorandum Circular 16-2016, released on Duterte’s first day in office as chief executive. The memorandum outlined general guidelines and tasks of police offices, units, and stations in the nationwide conduct of the brutal anti-drug campaign, dubbed as “Project Double Barrel,” most commonly known as “Oplan Tokhang.”

Civil society group ‘Wag Kang KuCorrupt’, headed by former Finance undersecretary Cielo Magno, lodged an ethics case against De la Rosa in February, citing his prolonged and unexplained absence from legislative deliberations and sessions.

They accused the opposition senator of not only “derelicting” his official duty, but also “gravely abusing” the privilege entrusted to him by the public as an elected official. 

Complainants wished that the committee would withhold De la Rosa’s salary, including his office, until he reports to work. 

De la Rosa’s continued absences cost him nearly all of his committee memberships.

At present, six ethics complaints are pending before the committee, including one filed against the chairperson himself, over accusations of “grossly neglecting” a similar complaint filed against Senator Chiz Escudero involving a P35 million campaign donation from one of the top government contractors for flood control projects.

Aside from them, Senator Risa Hontiveros is also facing a similar complaint filed by pro-Duterte lawyers in late October, accusing her of  “witness tampering,” involving a Senate witness, Michael Maurillo, who recanted his statements against the alleged “abuses” in the premises of the Kingdom of Jesus Christ, founded by televangelist Apollo Quiboloy.

Ejercito said the ethics committee intends to hold hearings to deliberate on the cases during the congressional break.