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Advocates Philippines
Can Bato Be Arrested Inside The Senate? Law Dean Says Yes
Screengrab from Senator Bato Dela Rosa
The debate over the reported International Criminal Court (ICC) arrest warrant against Senator Ronald “Bato” dela Rosa took another turn after former Far Eastern University Institute of Law Dean Mel Sta. Maria argued that a senator can legally be arrested inside the Senate premises.
In a detailed legal discussion posted online, Sta. Maria said there is no law that makes the Senate a protected refuge for fugitives or individuals facing criminal charges, including crimes against humanity.
He explained that whether the Senate building is rented or government-owned, it ultimately belongs to the Filipino people. According to him, no law grants the Senate special protection from law enforcement operations or shields lawmakers from arrest.
Sta. Maria also stressed that senators do not have ownership or proprietary rights over the Senate building. He said the premises cannot be treated like a fortress or a foreign embassy where authorities are barred from exercising jurisdiction.
The issue resurfaced amid speculation that dela Rosa could seek protection within Senate premises if authorities move to enforce a possible ICC warrant connected to the Duterte administration’s controversial anti-drug campaign.
Under the 1987 Constitution, senators and members of Congress are immune from arrest only for offenses punishable by not more than six years imprisonment while Congress is in session. Sta. Maria pointed out that crimes against humanity under Republic Act No. 9851 carry the penalty of reclusion perpetua when deaths are involved, placing the offense outside the scope of parliamentary immunity.
Republic Act No. 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, was enacted in 2009 and allows the Philippines to surrender suspects to international tribunals under certain conditions. Sta. Maria cited Section 17 of the law, which recognizes the possibility of cooperation with international courts investigating crimes against humanity.
He also argued that crimes against humanity are considered universal crimes under generally accepted principles of international law, which are recognized as part of Philippine law under the Constitution.
On the issue of the ICC warrant itself, Sta. Maria maintained that a warrant issued by an international tribunal may still satisfy constitutional requirements, noting that the Constitution only states that arrests must be based on a warrant issued by a judge, without limiting it solely to Philippine judges.
Sta. Maria further emphasized that law enforcement agencies such as the National Bureau of Investigation (NBI) have the authority to pursue individuals charged with serious crimes. He warned against any attempt to use the Senate as a protective shield, saying there is no law establishing a so-called “Senate protective custody” that exempts a person from arrest.
The legal debate intensified after Interior Secretary Jonvic Remulla clarified that Philippine authorities cannot yet enforce the alleged ICC warrant unless it is formally transmitted through Interpol channels. Former senator Antonio Trillanes IV, however, claimed that a copy of the warrant had already been transmitted to the Philippine Center on Transnational Crime (PCTC).
The ICC has confirmed that a confidential warrant against dela Rosa was issued in November 2025 in connection with crimes against humanity allegations tied to the Duterte administration’s anti-drug campaign.
As of Monday, no arrest has been made, and Philippine authorities continue to insist that proper international coordination procedures must first be completed before any enforcement action can take place.
In a detailed legal discussion posted online, Sta. Maria said there is no law that makes the Senate a protected refuge for fugitives or individuals facing criminal charges, including crimes against humanity.
He explained that whether the Senate building is rented or government-owned, it ultimately belongs to the Filipino people. According to him, no law grants the Senate special protection from law enforcement operations or shields lawmakers from arrest.
Sta. Maria also stressed that senators do not have ownership or proprietary rights over the Senate building. He said the premises cannot be treated like a fortress or a foreign embassy where authorities are barred from exercising jurisdiction.
The issue resurfaced amid speculation that dela Rosa could seek protection within Senate premises if authorities move to enforce a possible ICC warrant connected to the Duterte administration’s controversial anti-drug campaign.
Under the 1987 Constitution, senators and members of Congress are immune from arrest only for offenses punishable by not more than six years imprisonment while Congress is in session. Sta. Maria pointed out that crimes against humanity under Republic Act No. 9851 carry the penalty of reclusion perpetua when deaths are involved, placing the offense outside the scope of parliamentary immunity.
Republic Act No. 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, was enacted in 2009 and allows the Philippines to surrender suspects to international tribunals under certain conditions. Sta. Maria cited Section 17 of the law, which recognizes the possibility of cooperation with international courts investigating crimes against humanity.
He also argued that crimes against humanity are considered universal crimes under generally accepted principles of international law, which are recognized as part of Philippine law under the Constitution.
On the issue of the ICC warrant itself, Sta. Maria maintained that a warrant issued by an international tribunal may still satisfy constitutional requirements, noting that the Constitution only states that arrests must be based on a warrant issued by a judge, without limiting it solely to Philippine judges.
Sta. Maria further emphasized that law enforcement agencies such as the National Bureau of Investigation (NBI) have the authority to pursue individuals charged with serious crimes. He warned against any attempt to use the Senate as a protective shield, saying there is no law establishing a so-called “Senate protective custody” that exempts a person from arrest.
The legal debate intensified after Interior Secretary Jonvic Remulla clarified that Philippine authorities cannot yet enforce the alleged ICC warrant unless it is formally transmitted through Interpol channels. Former senator Antonio Trillanes IV, however, claimed that a copy of the warrant had already been transmitted to the Philippine Center on Transnational Crime (PCTC).
The ICC has confirmed that a confidential warrant against dela Rosa was issued in November 2025 in connection with crimes against humanity allegations tied to the Duterte administration’s anti-drug campaign.
As of Monday, no arrest has been made, and Philippine authorities continue to insist that proper international coordination procedures must first be completed before any enforcement action can take place.
May 11, 2026
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