No senator will be arrested in Senate while in session, says Hontiveros

Senate Deputy Majority Leader Risa Hontiveros on Monday reiterated the stance of Senate President Vicente "Tito" Sotto III that no senator will be arrested within the Senate while sessions are ongoing.

This comes as the International Criminal Court (ICC) recently released a document naming Senators Bong Go and Ronald "Bato" Dela Rosa among the alleged co-perpetrators in the crimes against humanity case of former President Rodrigo Duterte.

“I would stand by what Senate President Tito Sotto said before: by tradition, while the Senate is in session, no member is to be arrested inside,” Hontiveros said in an ambush interview.

She added, however, that the Senate must address the issue, despite the allegations against Go and dela Rosa being “difficult and painful” for the chamber.

“Well, I believe it’s still just an indictment. No documents have been released yet that would set any legal processes in motion," she said.

"Like other issues investigated by the Senate locally, this one has an international scope, so it is naturally a complex and even painful process for us. But as an institution, we must face it at the proper time,” the senator added.

When the possibility of an ICC arrest warrant against Dela Rosa first surfaced in November 2025, Sotto stood firm that the Senate would not allow the arrest of a senator on its premises.

Dela Rosa, who has not attended any Senate sessions since November 11, 2025, has yet to comment on the ICC document.

Go, meanwhile, denied the allegations, calling them “entirely unfounded, one-sided, unfair, and bear no relation to the reality of [his] roles and responsibilities” during his tenure as Special Assistant to the President (2016–2018) and as Executive Assistant to the Mayor of Davao City (1998–2016).

Hontiveros said the Senate will determine “the best stance to take” should developments arise in the ICC case against her colleagues.

Senate President Pro Tempore Panfilo Lacson, meanwhile, clarified that his earlier comments—saying any ICC arrest warrant should go through Philippine courts—were not meant to defend Go or Dela Rosa.

“To those who criticize my opinion on the need for a corresponding domestic court order before ICC warrants of arrest against our senators may be implemented, let me be clear: I am protecting our country’s legal processes as enshrined in Article III, Section 2 of the 1987 Constitution, not Senators Ronald Dela Rosa and Bong Go,” Lacson said on X.

Despite differing legal interpretations, Lacson emphasized that only the Supreme Court can definitively interpret the constitutional provision and legal procedure at the proper time.

Article III, Section 2 of the 1987 Constitution states:

“The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.”

Lacson also said that the two embattled senators should have the opportunity to pursue all legal options, stressing that local courts and processes must be respected.

He added that Sotto may call a caucus to consult senators regarding any possible ICC charges against Go and Dela Rosa.

“On the part of the senators, we’ll discuss the matter if the senators decide to extend help. We’ll cross that bridge when we get there,” he said.—MCG, GMA Integrated News