The Senate cannot serve as a refuge for fugitives from justice, according to former law dean Mel Sta. Maria, as he outlined the legal grounds for the possible arrest of Senator Ronald “Bato” Dela Rosa inside Senate premises pursuant to a warrant issued by the International Criminal Court (ICC) over alleged crimes against humanity.

In a statement and Facebook post, Sta. Maria said the Senate “must not coddle and protect a fugitive,” adding that doing so would amount to “obstruction of justice.”

He stressed that there is no law exempting Senate premises from the enforcement of arrest warrants.

“There is no law expressly making the premises of the senate a safe haven for fugitives or those charged with the commission of a crime,” Sta. Maria said.

He added that no senator has proprietary rights over the Senate building, saying it “is not a fortress designed to protect erring people from authorities or a foreign embassy where Philippine Law has waived jurisdiction.”

“The Senate building is owned by the government and belongs to the people,” he said, arguing that public interest demands that it “not be used as a sanctuary for those people running from the law.”

Sta. Maria also disputed claims that Dela Rosa is immune from arrest while inside the Senate. 

He noted that senators are only immune from arrest while Congress is in session and only for offenses punishable by imprisonment of not more than six years.

“According to Republic Act No. 9851, crime against humanity where death occurred is punishable by reclusion perpetua (40 years),” he said.

Sta. Maria further maintained that the ICC warrant is enforceable in the Philippines unless stopped by the Supreme Court.

“The warrant of arrest of the ICC is valid,” he said. 

“Unless stopped by the Supreme Court, the enforcement of a valid arrest must proceed. No one is above the law.”

He also cited Republic Act No. 9851, which penalizes crimes against international humanitarian law, genocide, and other crimes against humanity, saying it allows the Philippines to surrender individuals accused of crimes against humanity to an international tribunal.

“Republic Act No. 9851 provides that the Philippines can allow an international tribunal to investigate or try a person charged of crime against humanity and, if need be, deliver the said persons to the tribunal,” he said.

Sta. Maria added that matters involving crimes against humanity carry an international dimension that falls primarily under executive authority.

“Foreign policy, peace and order, apprehension of a fugitive are executive functions,” he said. 

He went on. “The Legislature should not interfere in the performance of such executive functions, as this would violate the separation of powers.”

He also defended the actions of agents from the National Bureau of Investigation, saying they “are within their rights to run after a fugitive from justice or persons charged with a crime” and that there is a “presumption of regularity of government enforcements.”

Dela Rosa has remained in the Senate since appearing there on Monday after months of absence. 

He earlier claimed that NBI agents attempted to block his entry into the plenary hall.

The Senate later approved a motion placing the senator under protective custody.

The ICC confirmed it had issued a warrant for Dela Rosa’s arrest in connection with the crimes against humanity case involving former President Rodrigo Duterte over the implementation of the anti-illegal drug war campaign.