Opposition: Senate custody for Bato dela Rosa is obstruction of justice

Allowing Senator Ronald "Bato" dela Rosa to stay within the Senate premises amid a standing arrest warrant issued by the International Criminal Court (ICC) for alleged crimes against humanity is obstruction of justice, opposition congressmen said Wednesday.

Speaking at a press conference, House Deputy Minority Leader Antonio Tinio of ACT Teachers party-list said the Senate should allow justice to take its course instead of offering safe haven for Dela Rosa.

"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 (It should not be impeded, especially by an institution such as the Senate). The Senate should not allow itself to be used for impunity or a protection for people who are facing serious crimes," Tinio said.

The Senate earlier granted protective custody to Dela Rosa after National Bureau Investigation (NBI) agents attempted to serve the ICC-issued arrest warrant for Dela Rosa.

Dela Rosa, the chief implementer of the former President Rodrigo Duterte's war on drugs, was identified in the arrest warrant as having "alleged criminal responsibility as an indirect co-perpetrator" in the crimes against humanity of murder from July 3, 2016, until the end of April 2018, wherein at least 32 persons died.

READ: Who is Bato dela Rosa?

"Oplan Tokhang killed the poor without due process. Dapat may managot. Si dating Pangulong [Rodrigo] Duterte, nandon na nga, pero hindi naman siya lang ang responsable. Hindi mangyayari 'yan kung hindi dahil sa napakahalagang role ni Senator Bato. So to Senate President Alan Peter Cayetano, i-turn over na si Senator Bato. Kaya ang panawagan natin sa Senado at sa mga Senador ay huwag protektahan, huwag kanlungin si Senador Bato, isuko na siya sa ngalan ng hustisya," Tinio added.

(Oplan Tokhang killed the poor without due process. Someone should be held accountable. Former President Duterte is already there but he isn't the only one responsible. The drug war deaths would not have happened if not for Senator Bato's important role. So to Senate President Alan Peter Cayetano, turn over Senator Bato. We call on the Senate and the senators, do not coddle Senator Bato. Turn him over to authorities, in the name of justice.)

It was Senator Rodante Marcoleta who raised the motion to place Dela Rosa under protective custody while the latter exhausts all legal remedies in relation to his ICC case.

Prior to Monday's plenary session, Dela Rosa had been out of the public view for six months. His last appearance was on November 11, 2025, following reports that the ICC had issued the arrest warrant against him.

Tinio and Kabataan party-list Representative Renee Co cited Section 17 of the Republic Act 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, which states that "in the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under this Act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime."

The same section of Republic Act 9851 provides, "Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court, if any, or to another State pursuant to the applicable extradition laws and treaties."

Co, a lawyer, said this provision of Republic 9851 thwarts the often repeated argument of Dela Rosa and their allies that the senator cannot be prosecuted before the ICC.

"Our law is clear. Philippine authorities can dispense, give way to an already ongoing investigation of an international tribunal. The ICC case against Senator dela Rosa is directly related with the crimes against humanity case against former President Duterte. There is no reason for the Senate to stand in the way of the warrant of arrest of Senator dela Rosa," Co said.

Dela Rosa has said all means will be exhausted to prevent his arrest in connection with the ICC case on the drug war killings. — VDV, GMA News