File

MANILA, Philippines — The 1Sambayan Coalition on Wednesday strongly criticized the Senate’s move to place Sen. Ronald “Bato” dela Rosa under what it described as “protective custody,” saying it could be an abuse of institutional power and may even amount to obstruction of justice.

In a statement, the group said the Senate’s action raises serious legal and constitutional concerns, especially amid allegations linking Dela Rosa to possible crimes against humanity tied to the Duterte administration’s anti-drug campaign.

“The 1SAMBAYAN Coalition strongly denounces the so-called ‘protective custody’ extended by the Senate to Senator Ronald ‘Bato’ Dela Rosa,” the group said.

“Such an act constitutes a dangerous abuse of institutional power and may amount to obstruction of justice under Presidential Decree No. 1829, which penalizes acts that prevent, obstruct, impede, frustrate, or delay the apprehension and prosecution of offenders,” it added.

The coalition said the issue goes beyond politics, stressing that no government institution should be used to shield anyone from legal accountability.

“No chamber of Congress is above the rule of law,” 1Sambayan stated.

“The Senate is a constitutional body tasked to uphold the law, not shield individuals from accountability,” it stressed.

1Sambayan also rejected arguments that Dela Rosa could be covered by parliamentary immunity, saying such protection has clear constitutional limits.

“The attempt to justify Senator Dela Rosa’s protection under parliamentary immunity is legally untenable,” 1Sambayan said.
The group pointed to Article VI, Section 11 of the Constitution, which limits immunity from arrest only to certain offenses punishable by up to six years of imprisonment while Congress is in session.

It argued that crimes against humanity carry far heavier penalties and cannot be covered by such privilege.

“Crimes against humanity, whether prosecuted under Republic Act No. 9851 or under the Rome Statute, carry penalties far exceeding six-year imprisonment,” the group said.

“Under the law, crimes against humanity resulting in death are punishable by reclusion perpetua. By the plain language of the Constitution itself, immunity from arrest cannot apply,” it added.

According to the coalition, the purpose of legislative privilege is to protect independence in lawmaking—not to block accountability in serious criminal cases.

“The constitutional privilege granted to legislators was never intended to be used as a shield against accountability for grave international crimes,” it said.

“It exists to protect legislative independence, not to obstruct the administration of justice or frustrate lawful processes arising from allegations of crimes against humanity,” it added.

1Sambayan urged public officials to respect the Constitution and avoid using legal interpretations that could weaken accountability mechanisms.

“The Filipino people deserve public officials who obey the Constitution and the laws of the land, not those who manipulate legal technicalities to evade accountability,” it said.

“Public office is a public trust. No Senator, no matter how influential, stands above the Constitution, the law, or the demands of justice,” it added.

The group also warned that the Senate’s decision will be closely watched by the public as a test of its commitment to the rule of law.

“At this critical moment, the Senate must decide whether it stands with the rule of law or with impunity,” it said.

“History will remember those who chose to defend institutions of accountability and those who chose to protect power at the expense of justice,” it added.