MANILA, Philippines — Legal experts and human rights advocates are challenging the Senate’s decision to grant “protective custody” to Senator Ronald “Bato” Dela Rosa, arguing that the chamber is overstepping its constitutional authority. On Wednesday, May 13, 2026, prominent lawyers asserted that the Senate “cannot act like a bouncer” to block a legitimate international arrest warrant confirmed by the International Criminal Court (ICC).
The legal pushback follows a dramatic standoff on May 11, where National Bureau of Investigation (NBI) agents and former Senator Antonio Trillanes IV attempted to serve the warrant at the Senate premises.
Human rights lawyer Dino de Leon, an alumnus of The Hague Academy of International Law, emphasized that the Senate has no legal basis to shield a member from criminal prosecution.
- No Power to Protect Fugitives: De Leon told the Inquirer that the Senate, as a state institution, is obligated to respect the law. “It has to respect the prerogatives of the Executive branch to serve warrants of arrest,” he noted, adding that the Senate’s current stance mimics a “bouncer” blocking entry rather than a deliberative body following the rule of law.
- Republic Act No. 9851: Legal experts pointed to the Philippine Act on Crimes Against International Humanitarian Law (RA 9851), which explicitly allows the Executive branch to surrender an accused person directly to an international court investigating crimes against humanity.
Expert lawyers also addressed the widespread misconception regarding parliamentary privilege in this case.
- Sentence Threshold: Under the 1987 Constitution, a legislator’s immunity from arrest only applies to offenses punishable by not more than six years of imprisonment while Congress is in session.
- Gravity of Offenses: Lawyer Neri Colmenares pointed out that the “crimes against humanity of murder” cited in the ICC warrant carry a penalty of at least 14 years under local law (RA 9851) and up to 30 years under the Rome Statute. Therefore, Dela Rosa is legally ineligible for immunity.
- Precedent for Arrest: Colmenares reminded the public that warrants have previously been served within Senate premises for other members, such as former Senators Leila de Lima and Antonio Trillanes IV, proving the building is not a sanctuary from the law.
The debate moved to the judiciary on Tuesday, May 12, as citizens began seeking court intervention.
- Supreme Court Petition: John Barry Tayam, a teacher from Las Piñas, filed a 17-page petition asking the High Court to compel the PNP and NBI to perform their “ministerial duty” and execute the ICC warrant.
- Nullifying Senate Resolution 44: The petition also seeks to strike down Senate Resolution No. 44 (the “Filipino Protection from Extraordinary Rendition Resolution”), arguing that no chamber resolution can supersede the fundamental principle that “all citizens are equal before the law.”
Despite the legal outcry, Senate President Alan Peter Cayetano remains firm, stating that Dela Rosa will only be turned over if a warrant is issued by a Philippine court. Dela Rosa has remained inside the Senate building since Monday night, claiming he is exhausting his legal options while under the chamber’s protection.
“The Senate cannot be permitted to use its premises as a barrier to justice.” — Extract from the petition filed before the Supreme Court