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Advocates Philippines
Drilon Says Senate Can't Legally Shield 'Bato' From Arrest
Photo credit: Franklin Drilon FB
Former Senate President Franklin Drilon on Tuesday pushed back against talk of placing Senator Ronald dela Rosa under protective custody inside the Senate, saying there is no legal basis for such a move.
Speaking during an interview on ANC’s Headstart, Drilon said the term “protective custody” is not recognized under the rules of court that would apply to dela Rosa’s situation, especially following reports that the International Criminal Court (ICC) issued an arrest warrant against the senator under seal in November 2025.
“I cannot understand what protective custody is all about. There is no protective custody in the rules of court which are applicable in this particular case,” Drilon said.
He explained that the phrase is commonly used in law enforcement when authorities are protecting a witness or someone involved in a criminal case, but stressed that the current issue involving dela Rosa is different.
“A protective custody, to my understanding, is usually undertaken by the law enforcement agencies who tries to protect a witness or one accused of a crime. So, that’s the protective custody that I understand and understood in its usual, ordinary meaning.”
He then made his position even clearer: “I don’t think that there is such a thing as protective custody.”
Drilon also reminded the public that senators are not automatically exempt from arrest. According to him, immunity only applies in very limited situations involving minor offenses punishable by six years or less, and only while Congress is in session.
“Firstly, I must emphasize, Karen, there is no law which says that the senator can be protected, is exempt from warrant of arrest, except if the crime for which he is charged is a minor offense or the penalty is six years or less, and number two, the Senate is in session.”
The former Senate chief noted that the warrant came from the ICC, “which is an international tribunal,” and pointed out that the Philippines was still covered by the Rome Statute during the period tied to the allegations.
The ICC case against dela Rosa is connected to alleged crimes against humanity linked to the Duterte administration’s anti-drug campaign from July 2016 to April 2018.
When asked whether dela Rosa could remain inside the Senate indefinitely to avoid arrest, Drilon acknowledged that the Senate president has authority over Senate premises.
“The control over the Senate premises is with the Senate president. That’s under our rules. And therefore, if he allows Bato to stay in the Senate premises for the next two years, the Senate president is empowered to do that under the rules of the Senate.”
Still, Drilon clarified that control over the Senate building does not override the enforcement of lawful arrest orders.
For him, any delay in arresting dela Rosa inside Senate grounds would be based more on political tradition than actual law.
“The question is, can the NBI now enforce the arrest order? That is, as I repeat, the protective custody is not in the rules but by tradition.”
He added: “Bato is not arrested because of tradition, not because of law.”
Drilon also said the Senate president cannot legally stop authorities from serving a lawful warrant unless the case falls under the narrow exemptions provided by law.
“Legally, you cannot if it does not fall within the legal exception.”
He further explained: “Because the law simply says the members of the Senate are exempt from arrest where the crime imposes a penalty of six years or less.”
“Outside of this exemption, law enforcement can carry out the lawful orders.”
Before ending the interview, Drilon emphasized that long-standing political courtesy inside the Senate should not be mistaken for a legal doctrine.
“As I said, Bato is not arrested because of tradition, not because of law.”
Speaking during an interview on ANC’s Headstart, Drilon said the term “protective custody” is not recognized under the rules of court that would apply to dela Rosa’s situation, especially following reports that the International Criminal Court (ICC) issued an arrest warrant against the senator under seal in November 2025.
“I cannot understand what protective custody is all about. There is no protective custody in the rules of court which are applicable in this particular case,” Drilon said.
He explained that the phrase is commonly used in law enforcement when authorities are protecting a witness or someone involved in a criminal case, but stressed that the current issue involving dela Rosa is different.
“A protective custody, to my understanding, is usually undertaken by the law enforcement agencies who tries to protect a witness or one accused of a crime. So, that’s the protective custody that I understand and understood in its usual, ordinary meaning.”
He then made his position even clearer: “I don’t think that there is such a thing as protective custody.”
Drilon also reminded the public that senators are not automatically exempt from arrest. According to him, immunity only applies in very limited situations involving minor offenses punishable by six years or less, and only while Congress is in session.
“Firstly, I must emphasize, Karen, there is no law which says that the senator can be protected, is exempt from warrant of arrest, except if the crime for which he is charged is a minor offense or the penalty is six years or less, and number two, the Senate is in session.”
The former Senate chief noted that the warrant came from the ICC, “which is an international tribunal,” and pointed out that the Philippines was still covered by the Rome Statute during the period tied to the allegations.
The ICC case against dela Rosa is connected to alleged crimes against humanity linked to the Duterte administration’s anti-drug campaign from July 2016 to April 2018.
When asked whether dela Rosa could remain inside the Senate indefinitely to avoid arrest, Drilon acknowledged that the Senate president has authority over Senate premises.
“The control over the Senate premises is with the Senate president. That’s under our rules. And therefore, if he allows Bato to stay in the Senate premises for the next two years, the Senate president is empowered to do that under the rules of the Senate.”
Still, Drilon clarified that control over the Senate building does not override the enforcement of lawful arrest orders.
For him, any delay in arresting dela Rosa inside Senate grounds would be based more on political tradition than actual law.
“The question is, can the NBI now enforce the arrest order? That is, as I repeat, the protective custody is not in the rules but by tradition.”
He added: “Bato is not arrested because of tradition, not because of law.”
Drilon also said the Senate president cannot legally stop authorities from serving a lawful warrant unless the case falls under the narrow exemptions provided by law.
“Legally, you cannot if it does not fall within the legal exception.”
He further explained: “Because the law simply says the members of the Senate are exempt from arrest where the crime imposes a penalty of six years or less.”
“Outside of this exemption, law enforcement can carry out the lawful orders.”
Before ending the interview, Drilon emphasized that long-standing political courtesy inside the Senate should not be mistaken for a legal doctrine.
“As I said, Bato is not arrested because of tradition, not because of law.”
May 12, 2026
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