MANILA, Philippines — Former Senate President Franklin Drilon has dismissed assertions that the Senate may legally invoke “protective custody” to prevent the arrest of a senator, saying such a mechanism does not exist under Philippine law.
Speaking on “ANC Headstart,” Drilon addressed ongoing discussions involving Sen. Ronald dela Rosa, who has been mentioned in relation to a possible International Criminal Court (ICC) warrant.
Drilon explained that the idea of “protective custody” is being incorrectly applied in this context. He said the term is not found in the Rules of Court and is generally limited to law enforcement practices involving witness protection or custody of accused individuals—not elected officials facing arrest.
He emphasized that senators are not immune from arrest except under limited constitutional conditions, such as when the offense is punishable by six years or less and Congress is in session.
Outside of these exceptions, Drilon said law enforcement agencies are authorized to enforce warrants of arrest. Any non-enforcement inside Senate premises, he added, stems from long-standing institutional tradition and courtesy rather than any legal restriction.
He further explained that while the Senate President has authority over the premises and may allow a senator to stay inside, this does not nullify the power of authorities to execute lawful orders.
On the issue of ICC jurisdiction, Drilon pointed out that although the Philippines withdrew from the Rome Statute in 2019, it had previously accepted the tribunal’s authority during its membership.
He added that while the Senate may consider motions or discussions regarding an ICC-issued warrant, such internal actions would not supersede binding legal processes.
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