Drilon: No law grants Senate power to place senator under protective custody

Former Senate president Franklin Drilon on Wednesday said the Senate has no legal basis to place a senator under protective custody.

This comes as Senator Ronald “Bato” dela Rosa continues to seek sanctuary in the Senate amid the International Criminal Court (ICC) arrest warrant against him.

“Wala po sa batas 'yan. Walang nagbibigay ng kapangyarihan sa Senado na maglagay sa isang kinatawan sa protective custody,” Drilon said in an interview on Unang Balita.

(That is not in the law. Nothing gives the Senate the power to place a senator under protective custody.)

According to Drilon, protective custody are for individuals under the witness protection program or for state witnesses.

“Wala pong konsepto ng protective custody in other matters, lalo na po ang Senado. ‘Yan po ay ginagamit, ngunit ‘yan po ay siguro by tradition na lang and out of respect sa Senado ay binibigyan ng halaga 'yung protective custody,” he said.

(There is no concept of protective custody in other matters, especially in the Senate. That is being used, but perhaps only by tradition and out of respect for the Senate is that protective custody being given importance.)

“Ngunit kung batas ang ating pag-uusapan, wala pong kapangyarihan ganon,” he added.

(But if we are talking about the law, there is no such power.)

The ICC has issued an arrest warrant against Dela Rosa for the crime against humanity of murder, at least between July 2016 and the end of April 2018, during which no less than 32 individuals were killed in the Philippines.

National Bureau of Investigation (NBI) agents attempted to serve the warrant against him on Monday, when he surfaced in the upper chamber after six months of absence.

This resulted in a chase within the Senate building. Dela Rosa was later taken under protective custody of the Senate.

When asked what justifies the senator’s continued stay, Drilon said that the Senate President has control over the facilities and who may stay in its premises.

However, Drilon said that Dela Rosa may be arrested should Malacañang order the implementation of the ICC arrest warrant.

“‘Yan po nangyari na kay Pangulong Duterte. Pagbaba niya sa eroplano, kinarga siya sa private plane at dinala doon po sa Hague. ‘Yan po kung ibig gawin ng ehekutibo, ‘yan po ay nasa kapangyarihan ng Pangulong Marcos,” he said.

(That already happened to President Duterte. When he got off the airplane, he was taken onto a private plane and brought to The Hague. If the executive wants to do that, that is within the power of President Marcos.)

When asked about the validity of the ICC warrant, Drilon said that the ICC has affirmed the tribunal’s jurisdiction. He also noted that the Supreme Court did not grant Duterte a temporary restraining order.

Drilon, meanwhile, said he is disheartened about the incidents that took place during the implementation of the warrant and the memes that sprang from them.

“Talaga pong hindi maiwasang talagang sasabihin, ‘Nakakahiya naman ito. Naghahabulan pa.’ Dahil po sa pangyayaring ‘yan, ako po ay nalulungkot sa institution po kung saan marami akong taong binuhos,” he said.

(It really cannot be avoided that people will say, “This is embarrassing. They are even chasing each other.” Because of that incident, I feel saddened for the institution where I devoted so much of myself.)

“Dalawampu’t apat na taon akong senador. Dalawang impeachment trial ang aking nilaan. Ngunit wala pong ganitong naghahabulan sa loob ng gusali ng Senado,” he added.

(I was a senator for 24 years. I was part of two impeachment trials. But there was never this kind of chase inside the Senate.)

The former Senate president believes that what took place is due to the upcoming 2028 elections.

He said everything was “political.”

“Alam naman natin na kung mag-trial, ay hindi maganda para doon kay Sara Duterte dahil ang lahat ng mga charges against her na ating narinig sa House of Representatives ay ibubunyag at lilitisin sa Senado in impeachment trial,” he said.

(We know that if there is a trial, it will not be good for Sara Duterte because all the charges against her that we heard in the House of Representatives will be exposed and tried in the Senate during the impeachment trial.)

“Kung tanungin mo ang grupo ni Sara Duterte, hindi dapat mangyari dahil… masama ito para sa kanyang layunin na magiging Pangulo in the election of 2028… Dahil sa rason na 'yan, pinipigil ang impeachment trial. Kaya po ayaw matuloy,” he added.

(If you ask Duterte’s group, it should not happen because… it is bad for her plan of becoming President in the 2028 election… Because of that reason, the impeachment trial is being blocked. That is why they do not want it to proceed.)

Meanwhile, Drilon said that the Senate does not have the option to dismis the impeachment trial.

“Walang option po ang Senado kung hindi umpisahan ang paglilitis ng kaso. Nakalagay sa ating saligang batas, forthwith ang kaso dapat lilitisin. Wala pong kapangyarihang i-dismiss ang kaso,” he said.

(The Senate has no option but to begin the trial of the case. It is stated in our Constitution that the case should be tried forthwith. There is no power to dismiss the case.) —AOL, GMA News