De Lima reacts to video of Bato dela Rosa running inside Senate

"Nasaan ang angas mo?"

(Where is your swagger?)

ML Party-list Representative Leila de Lima asked this of Senator Bato dela Rosa on Tuesday after a video showing the senator running inside the Senate building was made public on Monday.

"Noong pinakita sa akin yang video na yan na naghahabulan at muntik pa nga siyang madapa, natawa ako noon," De Lima said in an ambush interview.

(When I was shown the video of the chase that ensued and he (Dela Rosa) almost tripped, I laughed.)

"Honestly, I viewed the scenery, the scenario, the scene as pathetic. Pathetic yung hitsura kasi nasaan na yung angas mo dati na chinallenge mo pa nga si Senator (Antonio) Trillanes ng mga, 'Make my day, na kung gusto mo ikaw magpoposas sa akin.' And that's exactly what Sen Trillanes did. Nagpakita siya diyan to fulfill the wishes of Sen Bato. So nakakatawa and at the same time, nakakaawa rin," De Lima added.

(Honestly, I viewed the scenery, the scenario, the scene as pathetic. Pathetic in the sense that where is your swagger when you challenged Senator Trillanes like, 'Make my day, if you like, be the one to handcuff me.' And that what Senator Trillanes did. He showed up to fulfill the wishes of Senator Bato ... so It's funny and at the same time, pitiful.)

The House Senior Deputy Minority Leader also said Dela Rosa knew the risks when he finally showed up at the Senate after months of absence.

"Alam niya 'yan na meron nang warrant of arrest kaya nga siya nagtago ng what, four months? More than four months? Hindi siya nagpakita sa Senado. Hindi para magtrabaho pero this time around, because of that planned coup against the Senate leadership. So nagpakita siya for that purpose. That's political actually in nature. Hindi para magtrabaho. So alam niya 'yan, the risk," she said.

(He knows that there is already a warrant of arrest that's why he went on hiding for four months, more than four months? He didn't show up at the Snate. Not to work and this time around, because of that planned coup against the Senate leadership ... so he showed up for that purpose. That's political actually in nature, not necessarily to work. He knows the risks.)

GMA News Online has reached out to Dela Rosa for his comments and will publish it soon as it is available.

2017 experience

De Lima drew reference to her experience when she was arrested in 2017 while as an incumbent senator over drug charges that were eventually dismissed.

De Lima said she surrendered when the warrant of arrest against her was officially served.

"Wala po akong kinausap sa Senado para kupkupin ako ng Senado para lang hindi ako maaresto. Alam ko in the first place na wala akong basehan na magpakupkop dahil nandiyan ang warrant of arrest at hindi ako sakop ng parliamentary immunity," she said.

(I didn't talk to anybody for the Senate to coddle me so that I won't be arrested. I knew then that in the first place, I don't have any basis (to be taken in by the Senate) because the warrant of arrest was already there and I am not covered by parliamentary immunity.)

"So dapat ganoon din ang iniisip ni Senator Bato. Huwag na niyang gamitin ang Senado kasi nagpapasama yan sa imahe ng Senado bilang isang institusyon," she added.

(So it should be the same thing with Senator Bato. He must not use the Senate becaues it would tarnish the reputation of the Senate as an institution.)

De Lima also said the protective custody given by Congress to its members is a "non-binding tradition."

"Wala po sa batas, wala po sa Saligang Batas na sinasabi na kapag ang isang miyembro ng Kongreso, whether sa House o sa Senado ay inaaresto ay dapat protektahan o bigyan ng refuge o sanctuary. Wala po yan sa batas at sa Saligang Batas, sa Konstitusyon," she explained.

(There is no law ... there is nothing in the Constiution that says if one Congress member, whether in the Senate or House, is being arrested that he or she should be given sanctuary. There is nothing in the law and the Constitution.)

De Lima, a former Department of Justice secretary, also explained that parliamentary immunity only covers crimes punishable by less than six years.

"Yung tungkol naman sa (In the case of) parliamentary immunity, yes, there is such a thing. Parliamentary privilege from arrest if Congress is in session. But applicable only 'pag ang ipapataw na parusa, yung (if the) imposable penalty is less than six years," she explained.

"So kung above six years, ang clear yung crimes against humanity na ito ay punishable by reclusion perpetua (So if above six years, it is clear that crimes against humanity is punishable by reclusion perpetua)," she added.

De Lima also mentioned that Republic 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity does not state that a locally-issued warrant is needed to enforce an international warrant.

"Wala pong nakasabi roon na kailangan muna ng locally issued warrant of arrest na magco-complement para ma-implement talaga ang isang international warrant. So nandiyan pa yung batas - RA 9851. Hindi pa yan nare-repeal, hindi pa yan naa-amend. So it stays, the position na kailangan muna ng warrant of arrest, wala pong legal basis, legal and constitutional basis," she said.

(There is nothing there which states that a locally-issued warrant is necessary to complement for the international warrant be implemented. So the law is there - RA 9851. It hasn't been repealed and it hasn't been amended.)

When asked if this means Dela Rosa can be arrested anytime, De Lima replied, "Yes, whether outside or inside Senate premises. Hindi siya (He is not) covered ng (by) parliamentary immunity. So strictly speaking, puwede talagang i-enforce na kaagad ang warrant of arrest kahit nandoon siya sa loob. Kung ayaw niyang lumabas, ayaw niyang mag-surrender, nakikipagtigasan, ayun po ang posisyon ng (the warrant of arrest can be enforced even is he is inside. If he doesn't want to surrender and plays to be difficult) .. that's the position of the arresting team because they have the legal authority to do so."

De Lima then called on Dela Rosa to respect the process and be man enough. — RSJ, GMA News