Former Senate President Franklin Drilon said there is no legal basis for placing Sen. Ronald dela Rosa under “protective custody” amid discussions on the possible execution of an arrest warrant against the senator. In an interview, Drilon clarified that “protective custody” is commonly used by law enforcement agencies such as the National Bureau of Investigation and the police for witnesses or individuals connected to criminal investigations who voluntarily agree to be placed under government protection.
“In law, there is no such thing as protective custody,” Drilon said in Filipino. “That is usually done for witnesses or people involved in a crime to protect their welfare while under the custody of authorities.”
The issue emerged following conflicting statements from Senate officials and lawmakers on whether authorities could arrest Dela Rosa while he is allegedly under the Senate’s protection.
Asked whether law enforcement agencies such as the NBI, the Department of Justice, and the Department of the Interior and Local Government could still enforce a warrant despite the Senate’s position, Drilon said the law allows authorities to do so under certain conditions.
Drilon explained that under the Constitution, lawmakers cannot be arrested while Congress is in session only if the offense carries a penalty of not more than six years’ imprisonment.
“The law states that a legislator cannot be arrested only if the offense charged is punishable by not more than six years and the Senate is in session,” he said. “Outside of that, they can be arrested.”
He added that what exists in the Senate is merely a tradition observed out of respect for the institution, particularly during sessions.
“There is a tradition that senators should not be arrested inside the session hall while the Senate is in session,” Drilon said. “But beyond that, there is no such tradition. Strictly speaking, authorities can execute the warrant.”
Drilon cited the case of former Sen. Leila de Lima, who voluntarily accepted her arrest warrant outside the Senate premises to preserve the dignity of the institution.
He also said any attempt by Senate officials to block the implementation of a warrant could theoretically raise issues of obstruction, although he noted that authorities traditionally extend courtesy and respect to the Senate as an institution.
“No one is above the law,” Drilon said. “It is really a matter of courtesy and respect for the institution.”