Senator Bato de la Rosa, wanted by the International Criminal Court for crimes against humanity, “escaped” the premises of the Senate, where he had sought refuge, taking advantage of the shooting fiasco inside the building prompted by the supposed second attempt by authorities to enforce his arrest. 

Senate President Alan Cayetano said in a briefing Thursday that De la Rosa’s wife, Nancy, informed him through a text that the embattled former PNP chief fled while Senate sergeant-at-arms and operatives of the National Bureau of Investigation were exchanging fire on the second floor of the building.

However, a senator, who requested anonymity, confirmed to the press that De la Rosa left the Senate at around 2:30 a.m., after tensions from the commotion subsided. The senator obtained the information from the Senate secretariat at 10:30 a.m. 

Cayetano, quoting Nancy, said De la Rosa was supposed to stay at the Senate pending the Supreme Court’s decision on their petition for a TRO. The high court gave respondents—the government—72 hours to comment on De la Rosa’s request. 

Nancy visited De la Rosa at his office on Wednesday and left the Senate at 9 p.m., with the assurance from her husband that he would “stay put” in the chamber despite a threat from law enforcement serving the ICC warrant. 

“I am sure that Ronald made his escape…It wasn't in the plan, but knowing him, I am m sure that he took the opportunity when the chaos and firing were ongoing,” Cayetano said, reading Nancy’s text.

In a Facebook post, De la Rosa's counsel, Atty. Israelito Torrion posted a photo with the senator insde the building at around 1 a.m.

De la Rosa is the latest to emerge on the list of wanted high-profile individuals by the ICC, coming on the heels of efforts to evade its warrant by seeking refuge in the Senate. 

The ICC unsealed the warrant against De la Rosa earlier this week, although the order to arrest him was issued as early as 6 November last year. 

The ICC warrant stems from De la Rosa’s role in the bloody killings tied to anti-drug operations waged by former president Rodrigo Duterte in Davao during his decades-long stint as mayor. The scheme was later carried out nationwide after he assumed the presidency in 2016.

ICC records showed that De la Rosa is criminally responsible as an “indirect co-perpetrator” for the crime against humanity of murder, allegedly committed between November 2011 and March 2019. 

The warrant alleged that De la Rosa, being the then chief of the Davao police and chief of the Philippine National Police—both under Duterte’s watch—is responsible for the killings of 32 individuals at various locations in the Philippines. 

'Staged attack' claims irates Cayetano

The opposition has speculated that the “attack” against the Senate was merely “staged,” designed to allow De la Rosa to flee from authorities and evade the ICC warrant. 

During the presser, an irate Cayetano, banging the podium, insisted that the Senate “was under attack.“

After six months of hiding, De la Rosa made a surprise return to the Senate on Monday to help his allies secure enough votes to oust former Senate president Tito Sotto in favor of Cayetano. 

The Senate leader, however, insisted that De la Rosa’s getaway should not be deemed “escape," adding that "he was free to go" because supposed warrant from the ICC remains unverified. 

Cayetano continues to doubt the legitimacy of the ICC warrant pending submission by NBI Director Melvin Matibag, despite an alleged assurance that he will provide it on Tuesday. 

Prior to the shooting fiasco, a standoff ensued at the Senate premises on Monday, following a botched attempt by the NBI to arrest De la Rosa on an ICC warrant.

This led De la Rosa to reprimand the NBI agents. Matibag, in response, committed to the Senate leadership that they will not enforce the warrant pending the SC decision. 

Matibag denied allegations by De la Rosa’s camp and allies that the NBI agents were the perpetrators behind the Senate shooting.

Initial probe by the DILG alleged that a supposed NBI agent, identified only as Francisco, “was sitting down on the second floor bridge way with a blue guard.” This caught the attention of the Senate Sergeant-at-Arms Mao Aplasca, who got near to him and asked him, “Who are you?”

DILG Secretary Jonvic Remulla told Cayetano in a text message that, “Francisco stood up with an AR-15 on a side ways sling,”, which prompted  Aplasca to fire a warning shot immediately. Francisco, in response, pulled the trigger as well, pointing up.

“OSAA eventually discharged 27 rounds of 9mm and 40 sw. Francisco discharged 5 rounds. He immediately fled the scene after,” Remulla said. 

The DILG, however, denied that NBI had a warrant to serve and that they were only on the GSIS premises, which is beside the Senate, at a supposed request by GSIS President and General Manager Wick Veloso. 

Veloso allegedly requested that NBI be deployed to the Senate to maintain order amid protests outside the complex. The Senate only rents the compound to the GSIS.

Matibag confirmed that he sent around four to six NBI agents to the GSIS, but denied that they were armed. He also claimed that they were likely already returned to NBI headquarters when the shooting occurred.

This, however, contradicts the preliminary probe by Remulla’s team, which found that 21 NBI agents arrived at 6:15 p.m.

A joint probe by DILG and the Senate will be launched to get to the bottom of the incident.

Despite this, there were no reported casualties, according to Senate Secretary Mark Llandro Mendoza.