Former law dean Mel Sta. Maria urged the Supreme Court (SC) to exercise caution and avoid being influenced by the alleged attack inside the Senate, warning that the incident could be used to bolster Senator Ronald Dela Rosa’s bid to secure a temporary restraining order (TRO) against his possible arrest under a warrant issued by the International Criminal Court.

SC earlier required the executive branch to comment on Dela Rosa’s petition but stopped short of issuing a TRO.

Shortly after the High Court’s announcement, Dela Rosa claimed that law enforcers were already on their way to arrest him. Hours later, gunshots rang out inside the Senate complex in an incident Senate President Alan Peter Cayetano described as an alleged “attack” on the upper chamber.

The incident, however, has sparked public skepticism.

“With all due respect to the Supreme Court, huwag sila magpapadala sa mga ganitong kaganapan kaagad-agad (they should not be easily swayed by such incident),” Sta. Maria said in an interview with broadcaster Ted Failon.

Sta. Maria noted that many Filipinos have questioned whether the alleged attack may have been staged or orchestrated.

“Doon lang sa mga pagdududang iyon, dapat tingnan rin ng ating korte suprema. Eh kung hindi ang mga tao’y sigurado, sino tayong makaka-sigurado na totoo ito (Even based on those doubts alone, our Supreme Court should also look into them. If the people themselves are not certain, then who are we to be certain that this is true?),” he said.

He added that prudence demands restraint from the High Court until all sides have submitted their explanations.

“I think the better part of prudence is for the Supreme Court wala munang gawin, hintayin ang mga sagot (not to do anything yet and to wait for the responses),” he added.

According to Sta. Maria, the lack of clarity surrounding the Senate incident, coupled with what he described as the “highly coincidental timing” of events, has fueled doubts about the official narrative.

Meanwhile, human rights lawyer Dino de Leon said Cayetano and others involved in allowing Dela Rosa to leave the Senate premises could face investigation for possible obstruction of justice.

De Leon argued that the Senate could not disclaim responsibility after placing Dela Rosa under what lawmakers described as “protective custody” following the unsealing of the ICC arrest warrant tied to the crimes against humanity case against former President Rodrigo Duterte.

“You cannot invoke protective custody and then suddenly say you are not responsible when the person under your custody escapes,” de Leon said.

De Leon said that if the Senate insists that Senator Ronald Dela Rosa was under its protection or custody, then it must also answer for his escape.

“If they invoke Senate custody to prevent the arrest of Dela Rosa, then they also assume responsibility over the person supposedly under their custody. Accountability follows custody,” he added.

De Leon said senators who approved the resolution granting Dela Rosa protective custody, as well as officials who allegedly facilitated his departure, could be held liable under Presidential Decree No. 1829.

“Whoever facilitated and enabled the escape should be charged,” he said, adding that even negligence or dereliction of duty could give rise to liability.

Cayetano earlier maintained that Dela Rosa was “free to go,” insisting the senator was neither under arrest nor detention because no local warrant had been issued against him.

De Leon also questioned the role of Interior and Local Government Secretary Jonvic Remulla, who visited the Senate after the shooting incident and said he was there to ensure the senators’ safety.

“But how come he allowed Senator Bato to leave?” de Leon asked.

Dela Rosa slipped out of the Senate early Thursday, hours after the shooting incident that Cayetano described as an “attack” on the building.

Senate Sergeant-at-Arms Mau Aplasca later admitted firing a shot at agents of the National Bureau of Investigation stationed near the Government Service Insurance System building.

Lawyer Nico Valderrama, in a Facebook post, said Dela Rosa’s attempts to evade arrest would not erase the ICC warrant against him.

He warned that efforts to avoid surrender could weaken Dela Rosa’s chances of securing provisional release should he eventually be transferred to The Hague, Netherlands.

“In politics, one is only important as long as he/she is useful,” Valderrama wrote, while urging the senator to look after his own interests instead of relying on political allies.

Dela Rosa resurfaced publicly in the Senate earlier this week after months away from public view, coinciding with the leadership change that installed Cayetano as Senate President.

The Senate later granted him protective custody after the ICC unsealed its arrest warrant. He eventually left the Senate complex before dawn Thursday following the controversial shooting inciden