OPPOSITION members of the House of Representatives declared on Wednesday that allowing Senator Ronald “Bato” dela Rosa to remain inside the Senate premises while a valid arrest warrant from the International Criminal Court (ICC) stands constitutes obstruction of justice.
During a press conference, House Deputy Minority Leader Antonio Tinio of ACT Teachers party‑list emphasized that the Senate, as a public institution, should not serve as a safe haven or shield for anyone facing grave accusations such as crimes against humanity. “It is obstruction of justice. There is a legitimate arrest warrant for alleged crimes against humanity against Senator Bato. Hindi ito dapat hadlangan, lalo na ng isang institusyon katulad ng Senado,” Tinio stressed, adding that no one should be allowed to evade accountability, especially for actions linked to widespread loss of life.
Dela Rosa, the former Philippine National Police chief and key implementer of the previous administration’s war on drugs, is named in the ICC warrant as an “indirect co‑perpetrator” in crimes against humanity involving murder between July 2016 and April 2018, where at least 32 people were killed. Tinio pointed out that the operations like Oplan Tokhang took lives without due process, and those responsible must answer for their actions. “Oplan Tokhang killed the poor without due process. Dapat may managot… Hindi mangyayari ‘yan kung hindi dahil sa napakahalagang role ni Senator Bato,” he said, directly calling on Senate President Alan Peter Cayetano and other senators to stop protecting him and instead turn him over to authorities in the name of justice. The protective custody arrangement was earlier approved upon a motion filed by Senator Rodante Marcoleta, allowing Dela Rosa to stay while he exhausts legal remedies — a move critics say is just a delay tactic.
Lawmakers also cited Republic Act 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, to debunk claims that the ICC has no jurisdiction or that local laws prevent cooperation. Kabataan party‑list representative and lawyer Renee Co pointed to Section 17 of the law, which explicitly states that Philippine authorities may yield to an ongoing investigation or prosecution by an international tribunal and may surrender suspects to such bodies. “Our law is clear. Philippine authorities can dispense, give way to an already ongoing investigation of an international tribunal… There is no reason for the Senate to stand in the way of the warrant of arrest of Senator dela Rosa,” Co explained. This provision, they said, directly counters arguments raised by Dela Rosa and his allies that he cannot be tried or arrested based on an ICC order.
Since resurfacing at the Senate on Monday after six months away from public view, Dela Rosa has maintained that he will exhaust all means to avoid being taken into custody or transferred to The Hague. He insists that the ICC has no authority over him and that his actions during the drug war were legal and part of his duty to the country. However, with both legal provisions and political pressure mounting, the standoff continues: while the Senate leadership defends its decision to grant him protection, opposition lawmakers and legal experts insist that keeping him inside the premises is not just unlawful, but a direct violation of the country’s obligations under international and domestic law.
