Former Integrated Bar of the Philippines (IBP) President Atty. Domingo Cayosa said Tuesday that Senator Ronald “Bato” dela Rosa’s arrest during an impeachment session would not fall under the scope of temporary privilege against arrest.

Cayosa said the temporary immunity granted to lawmakers applies only to preserving order during sessions and would not prevent authorities from enforcing a warrant.

“The one serving the warrant of arrest would not stop just because you’re inside the Senate or a government building,” he said in an interview with DZRH.

He also said the Philippines still has a residual obligation to cooperate with the International Criminal Court (ICC) despite its withdrawal from the tribunal, particularly in cases already under investigation before the withdrawal took effect.

Cayosa said an ICC arrest warrant remains enforceable through Republic Act No. 9851, or the Philippine Act on Crimes Against International Humanitarian Law.

The law, he said, “defines and penalizes crimes against humanity; the very same crime that former President Duterte, Sen. Bato, and their co-perpetrators are defendants of.”

He added that the Philippines may “surrender” a defendant under local law without the need for a separate court trial unless the Supreme Court intervenes.

Cayosa said the high court’s lack of action so far suggests it does not intend to intervene “as of the moment.”

On reports that dela Rosa may seek protection from the Senate, Cayosa said such a move “cannot be a shield against the lawfully validly issued warrant of arrest.”

“Until and unless there’s a validly issued temporary restraining order preventing the service of the warrant of arrest, it has to be enforced. The Senate cannot do anything,” he added.