Robin Padilla could face liability over Bato Dela Rosa's Senate escape —law expert 

A legal expert warned that Senator Robin Padilla may be held liable for Senator Bato Dela Rosa’s escape from the Senate, as a lawmaker flags potential criminal charges over the incident.

According to Joseph Morong’s report on “24 Oras” on Wednesday, Padilla said that he’s ready to face investigation after it was confirmed that he was with Dela Rosa when he exited the upper chamber’s premises.

“Ay itanong natin sa kanila kung may ilegal. Kasi sa amin, tandaan ninyo, ang Senate, ang sabi ng aming SP, hihintayin namin ang warrant ng local court,” he told reporters.

(Well, let’s ask them if anything illegal was done. Because for us, remember, the Senate—as our Senate President said—will wait for a warrant from a local court.)

It can be recalled that the Senate placed Dela Rosa under protective custody to prevent his arrest by the National Bureau of Investigation, whose agents only held an arrest warrant issued by the International Criminal Court (ICC).

For her part, ML Party-list Rep. Leila de Lima said that Padilla could face criminal charges.

“Obstruction of justice, harboring a criminal fugitive,” she said.

“The rational thing to do in the name of the rule of law, na i-surrender na talaga at hindi kupkupin, hindi mag-provide ng sanctuary, refuge or safehouse for a fugitive,” De Lima added.

Department of Justice Secretary Fredderick Vida said the Senate should be ready to turn over Dela Rosa to the authorities.

“Sa simpleng pagkakaintindi po namin, noong sinabing nasa protective custody nila, nasa kanila si Senator Bato. Kaya pag wala na ‘yung legal impediment to serve ‘yung arrest warrant, dapat paghiningi sa kanila ng Department of Justice, ready dapat ang Senado na i-turn-over si Senador Bato.

(In our simple understanding, when it was stated that he was under their protective custody, Senator Bato was in their care. That is why once the legal impediment to serve the arrest warrant is cleared, the Senate should be ready to turn over Senator Bato the moment the Department of Justice requests it.)

Under Presidential Decree 1829, any person who harbors, conceals, or assists in the escape of an individual they know is facing a case—in order to prevent their arrest and trial—faces a penalty of up to six years in prison, or a fine ranging from P1,000 to P6,000.

The Office of the Solicitor General now considers Dela Rosa a fugitive.

Meanwhile, lawyers have different opinions regarding Padilla’s accountability.

Paolo Tamase, associate dean of the UP College of Law, said that it remains unclear whether Padilla can be charged with obstruction of justice under Presidential Decree No. 1829, noting that the law might not cover international procedures such as arrests initiated by the ICC.

“Maraming portion doon na sina-suggest na domestic yung proseso. Hindi ganun ka-klaro under PD 1829 sa prosecution ng criminal offenses,” said Tamase.

(There are several portions there suggesting that the process must be domestic. It is not that clear under PD 1829 when it comes to the prosecution of [international] criminal offenses.)

Meanwhile, former Integrated Bar of the Philippines president Domingo Cayosa, said Padilla can be charged, especially since it is clear that the NBI was seeking to enforce a warrant of arrest.

“Yung sinasabi nila na hindi yan sya umeskapo, umalis lang sya, at yung pinagsigawan ng Senate President na kami ay tatalima lamang kung yan ay galing sa local court, ngayon, hindi totoo yun. Walang basehan. Lalong lalo na ngayon yung TRO na inaasahan nila eh sinabi na ng Supreme Court, hindi namin yan ibibigay sa’yo,” said Cayosa.

(Their claims that he did not escape but merely left, along with the Senate President’s insistence that they would only comply if the warrant came from a local court—all of that is untrue now. It has no basis. Especially now that the Supreme Court has already denied the TRO they were counting on.)

Cayosa added that the Senate President could also be held liable.

“Maari yung Senate President, maari yung nag-sponsor ng protective custody,” he said.

(The Senate President could be held liable, as well as whoever sponsored the protective custody.)

GMA News is trying to seek a comment from Senate President Alan Peter Cayetano. —Vince Angelo Ferreras/LDF, GMA News