The Department of Justice (DOJ) said the government chose not to immediately arrest Sen. Ronald dela Rosa over an International Criminal Court warrant due to respect for the Senate as a co-equal branch of government and pending petitions before the Supreme Court.

In an interview, DOJ spokesperson Raphael Martinez confirmed that the government recognizes the ICC arrest warrant as valid and acknowledged that authorities had been coordinating directly in securing warrants.

When asked why the government did not arrest Dela Rosa inside the Senate despite law enforcement officials already being present, Martinez said authorities decided to “stand down” after the Senate granted the senator protective custody.

“We understood that the Senate is a co-equal branch of government,” Martinez said. “Due to the controversy and commotion, and in respect to the Senate as a co-equal branch, we said, ‘Okay, we understand. We can’t enforce it yet.’”

Martinez added that the DOJ also considered the pending petitions filed before the Supreme Court regarding the warrant. “Let’s flesh those out before we actually implement the warrant,” he said.

However, Martinez warned that Dela Rosa could still be arrested if he attempts to leave the country.

“If Senator Bato does attempt to abscond or leave the country, then at that point, as soon as he is caught, we will consider it a mockery of justice and arrest him based on the warrant,” he said.

The DOJ official denied allegations that the government was reversing its earlier position on the ICC, after the administration previously maintained that the court had no jurisdiction over the Philippines. Martinez said the government’s actions were based on the circumstances surrounding the warrant and the Senate’s intervention.

Asked whether the decision amounted to special treatment compared with past cases involving senators, Martinez said the situation involving Dela Rosa was “unique” because of the Senate’s protective custody and the legal challenges pending before the high court.