A breakdown in governance was how a veteran former senator bluntly described the chaos that erupted last Wednesday over the attempted arrest of Senator Ronald “Bato” dela Rosa, who is the subject of an International Criminal Court (ICC) warrant.

“As long as we have this situation, where there is a failure of leadership, the executive branch has failed to enforce the law. The legislative branch does not follow the law. What will happen to us?” said former Senate president Franklin Drilon.

The ICC warrant states there are “reasonable grounds to believe” Dela Rosa committed the crime against humanity of murder, citing incidents in which 32 people were killed between 2016 and 2018.

He faces charges similar to those against former President Rodrigo Duterte who has been in ICC custody in The Hague, the Netherlands since March 2025.

Dela Rosa had been absent from the Senate for six months before returning on 11 May.

His return triggered a dramatic confrontation when National Bureau of Investigation (NBI) agents attempted to serve the warrant and he pushed them aside, then ran up the back stairs of the Senate building, through the corridors until he made it to the session hall where a vote for a change in the chamber leadership was underway.

New Senate President Alan Peter Cayetano then prevented the NBI agents from arresting Dela Rosa.

A subsequent Senate vote placed Dela Rosa under the chamber’s “protective custody.”

The situation then escalated after two gunshots were heard at 7:46 p.m. in a second floor corridor, with more gunfire following shortly after, causing journalists and camera crews to flee the area.

Bato crisis

In a television interview, Drilon described the Wednesday mayhem at the Senate as “a sad commentary on the way governance works in this country.”

“This chaos, essentially at the center of this chaos, was Senator Bato dela Rosa. Senator Dela Rosa will not surrender. He has made that clear. He has made the Senate his refuge,” he added.

“We just have to start all over again and begin following the law. Let’s stop making compromises. Let us enforce the law. Maybe then we can move farther than where we are today,” Drilon said.

He said the failure happened “from the President downward,” because the President said, “I gave no instructions to the NBI to arrest Senator Bato.”

Drilon held that under the system of government, “the executive branch is supposed to enforce the law. That is their mandate. The legislative branch crafts policies in the form of laws, and the Supreme Court is supposed to be the arbiter in case there are conflicts arising from the enforcement of the law.”

“Let Bato seek relief within our system, go to the Supreme Court and ask it to issue a TRO. There is a system. But it is not working because of the collective failure of leadership,” according to Drilon.

The seasoned politician said the way out of the deteriorating situation is to “start thinking like a nation governed by laws. Therefore, for the good conduct of everyone, including our future, we should follow the law.”

Drilon, however, said the conflicting interpretations of the ICC arrest warrant should not come as a surprise “because we are a democracy.” It must be handled properly.

“The President should enforce the law. Cayetano objects to it — correctly. He should object if he believes otherwise. Then we go to the Supreme Court. The Supreme Court (SC) should rule because it is the arbiter of conflicts,” he said.

He underscored the need for the executive branch to carry out the law. “Those opposed to it should go to the SC and seek an interpretation,” he indicated.

Dela Rosa can be arrested because there is no TRO, Drilon said.

Dela Rosa had failed to secure a last-minute temporary restraining order (TRO) from the Supreme Court to prevent his arrest.

On the shootout that happened in the Senate, Drilon said, “I am truly saddened by what this institution has become.”

“People used to look at the Senate with admiration and respect. But that is long gone. Now they no longer respect the Senate. And all these comments and criticism are based on what we are seeing today,” he said.

Imee raises ‘double standard’

Meanwhile, Sen. Imee Marcos on Saturday questioned what she described as the unequal treatment in the investigation into the 13 May Senate shootout, calling for the temporary relief of top officials of the National Bureau of Investigation while the Senate’s acting security chief himself remains under suspension.

In a social media post, Marcos raised concerns about the continued tenure of NBI officials in office despite allegations of misconduct during the confrontation inside the Senate complex.

“Why wasn’t (NBI director Melvin) Matibag suspended when his statements were clearly inconsistent?” Marcos said.

The senator’s remarks came after she urged her brother, President Ferdinand Marcos Jr., in a letter to place Matibag on temporary relief pending the outcome of the investigation.

In her letter, Senator Marcos also sought the relief of NBI-NCR director Emeterio Dongallo Jr. and Organized and Transnational Crime Division chief Jerome Bomediano, arguing that their continued presence in office could undermine the “integrity and credibility” of the probe into the shooting incident.