Senate Ethics and Privileges Committee chair JV Ejercito on Tuesday urged Senator Ronald “Bato” dela Rosa to voluntarily refrain from receiving his salary and allowances amid his months-long absence from work.

Ejercito said the Senate cannot compel a lawmaker’s attendance and that its rules do not impose a “no work, no pay” sanction on its members.

“Just like ordinary Filipinos subject to a ‘no work, no pay,’ public servants should be held to it as well. Public service is a public trust; we are all accountable to the people we serve,” Ejercito said.

He added that any formal action against Dela Rosa “will take time,” as Senate rules — which may be amended to enforce such a sanction — must undergo proper deliberation.

Dela Rosa has emerged as the Senate’s top absentee, with 31 absences since the opening of the 20th Congress on 28 July last year. The period covers 58 regular sessions, from July until Congress went on recess on 18 March.

The former Philippine National Police chief has not reported to work since early November last year, shortly after Ombudsman Jesus Crispin “Boying” Remulla announced that an International Criminal Court (ICC) warrant had been issued against him for his alleged role in the deadly drug war under former President Rodrigo Duterte.

In February, the ICC named Dela Rosa and his close ally, Senator Bong Go, as among Duterte’s “co-perpetrators” in the so-called “common plan” aimed at “neutralizing” alleged criminals, including those suspected of illegal drug use through “violent crimes, including murder.”

ICC warrant

Dela Rosa’s prolonged absence led to the loss of nearly all his committee memberships and prompted the filing of an ethics complaint in February by the civil society group “Wag Kang KuCorrupt.”

The petitioners accused him of “gravely abusing” the privilege entrusted to him as an elected official and sought to withhold his salary, including that of his entire office, until he returns to work.

However, Ejercito said such a sanction is not covered by current Senate rules, warning that the case could be dismissed outright if heard without first amending the rules.

The Senate leadership and Dela Rosa’s allies in the minority bloc earlier said they had received no communication from him, although his office continues to function despite his absence.

Dela Rosa has long criticized Duterte’s arrest on 11 March at Ninoy Aquino International Airport on an ICC warrant, citing the Philippines’ withdrawal from the Rome Statute — the tribunal’s founding treaty — in 2019.

The ICC, however, has maintained jurisdiction over alleged crimes against humanity committed before the country’s withdrawal, noting that its preliminary examination began prior to the Philippines’ exit from the treaty.