Marilyn Cahatol

Senator Ronald “Bato” dela Rosa turns emotional while speaking with fellow Senator Bong Go during the start of the plenary session at the Senate of the Philippines on Tuesday, May 12, 2026. Lawmakers tackled key legislative measures and national issues during the continuation of the session, following a change of leadership in which Sen. Alan Peter Cayetano took over as the new Senate President. Maria Tan, ABS-CBN News.

Article (news)

ABS-CBN News

<div><span class="fr-img-caption fr-fic fr-dib" style="width:960px;display:block" width="960"><span class="fr-img-wrap"><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/177858084296020260512-senate-bato-dela-rosa-crying-MT1.jpg" style="width:960px" class="fr-fic fr-dib" width="960" alt="Senator Ronald “Bato” dela Rosa turns emotional while speaking with fellow Senator Bong Go during the start of the plenary session at the Senate of the Philippines on Tuesday, May 12, 2026. Lawmakers tackled key legislative measures and national issues during the continuation of the session, following a change of leadership in which Sen. Alan Peter Cayetano took over as the new Senate President. Maria Tan, ABS-CBN News"/><span class="fr-inner" style="text-align:left">Senator Ronald “Bato” dela Rosa turns emotional while speaking with fellow Senator Bong Go during the start of the plenary session at the Senate of the Philippines on Tuesday, May 12, 2026. Lawmakers tackled key legislative measures and national issues during the continuation of the session, following a change of leadership in which Sen. Alan Peter Cayetano took over as the new Senate President. <em>Maria Tan, ABS-CBN News</em></span></span></span>MANILA — Sen. Ronald &quot;Bato&quot; dela Rosa&#x27;s return to the Senate faced an unexpected twist with the surprise appearance of National Bureau of Investigation (NBI) agents carrying the warrant of arrest against him issued by the International Criminal Court (ICC).</div><p>Dela Rosa, now under the Senate protective custody, makes use of the parliamentary immunity the Constitution awards to senators and House members. </p><p>But while newly-elected Senate President Alan Peter Cayetano claimed no senators can ever be arrested in Senate premises while in session, former senators Leila De Lima and Antonio Trillanes IV&#x27;s past cases proved otherwise.  </p><div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2026/5/12/palace-on-senate-protection-for-bato-lawmakers-should-know-their-limitations-under-the-law-1436">Palace on Senate protection for Bato: Lawmakers should know their limitations under the law</a></div><div><br/></div><div><strong>DE LIMA</strong></div><p>In 2017, then-senator De Lima <a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/02/24/17/de-lima-detained-determined-to-clear-name">surrendered to arresting authorities at the Senate</a>, following a warrant issued against her by a Muntinlupa court over her alleged involvement in the illegal drug trade. The case was later dismissed. </p><p>She said: &quot;‘Yung sa akin noon, hindi po ako nagpakupkop sa Senado.&quot;</p><p>The former justice secretary noted that Article VI, Section 11 of the Constitution states that lawmakers are only privileged from arrest for offenses punishable by not more than six years imprisonment. This does not cover Dela Rosa’s case, she said. </p><p>The ICC’s arrest warrant identifies Dela Rosa as a co-perpetrator of former president Rodrigo Duterte’s alleged crimes against humanity, which may constitute <em>reclusion perpetua</em>. </p><p>“So strictly speaking, pwede talagang i-enforce na kaagad ang warrant of arrest, kahit nandoon siya sa loob. Kung ayaw niyang lumabas, ayaw niyang mag-surrender, nakikipagtigasan, ‘yun ang option ng arresting team, they have the legal authority to do so,” De Lima said.</p><p>“So kung above six years, and clear ‘yung crime against humanity na ito ay punishable by reclusion perpetua,” she added. </p><p>De Lima, now Mamamayang Liberal Party-list representative, expressed dismay that the Senate is &quot;being used as a sanctuary or refuge.&quot;</p><p>&quot;Dahil ‘yung sinasabing protective custody ng Senado… that is merely a tradition, which is a non-binding tradition. Wala po sa batas, wala po sa Saligang Batas na sinasabi na kapag ang isang myembro ng Kongreso, whether sa House o sa Senado at inaaresto, ay dapat protektahan o bigyan ng refuge or sanctuary,” she said. </p><div><br/></div><div><strong>TRILLANES</strong></div><p>Then-senator Antonio Trillanes IV was also <a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/09/07/18/trillanes-facing-arrest-says-his-case-a-test-for-ph-democracy">arrested </a>within the Senate’s premises in 2018, after former president Duterte withdrew his amnesty over two failed military uprisings.</p><p>Trillanes, who recalled his arrest in an ANC interview, said the withdrawal prompted a Makati court to issue an arrest warrant later served in Senate while in session. </p><p>The rebellion cases, he said, constituted more than six years of imprisonment. </p><p>“Binasahan ako Miranda rights and I went with the arresting officers,” Trillanes said. </p><p>“Kaya ngayon, when they say na hindi nangyari iyan, parang ganun na lang ba kadali magsinungaling? He was there, they were there,” he added. </p><p>The former senator and critic of the Duterte family and supporters said: “Si Bato may buy some time but ultimately, mananagot siya rito at dadalhin siya sa The Hague at mabubulok siya sa kulungan.”</p><div><br/></div><div><strong>‘ABSURD’</strong></div><p>Cayetano, after the plenary session on Monday, talked to the media and said the NBI agents have retreated following his discussion with NBI Director Melvin Matibag that Dela Rosa’s arrest should go through a local court. </p><p>He cited the Senate Resolution 44 which called Duterte’s arrest an “extrajudicial rendition,&quot; and states that the former president&#x27;s alleged co-perpetrators in his supposed crimes against humanity must be given the right to due process. </p><p>Trillanes, however, stressed a Senate resolution cannot supersede a law. The Republic Act 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, which defines and penalizes crimes against international humanitarian law, was cited as the basis of<a class="fr-strong fr-green" href="https://www.abs-cbn.com/news/nation/2025/3/11/duterte-arrested-on-icc-warrant-over-drug-war-killings-0126"> Duterte’s arrest last year.</a></p><p>“Ang Senate resolution, hindi niyan pwedeng i-supersede ang batas. Hindi pwedeng suddenly magsabi sila: ‘Oh, based on a Senate resolution, exempted na kami sa lahat ng krimen.’ That’s absurd,” he said. </p><p>De Lima also said there is “no legal basis” for securing a local court order before an ICC warrant can be enforced.</p><p>Dela Rosa is still inside the Senate. </p><div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2026/5/12/bato-camp-files-supplemental-motion-at-sc-vs-icc-arrest-warrant-1129">Bato camp confirms seeking Supreme Court intervention vs ICC warrant</a></div><div><strong>— With a report from Vivienne Gulla, ABS-CBN News</strong></div><div><br/></div><div><strong>RELATED VIDEOS:</strong></div><div style="text-align:center"><iframe width="560" height="315" src="https://www.youtube.com/embed/bh_RtAhZgj0?si=La4YNSx-0wJS1QhX" title="YouTube video player" frameBorder="0" allowfullscreen=""></iframe><br/></div><div style="text-align:center"><iframe width="560" height="315" src="https://www.youtube.com/embed/BET4wKY0TGg?si=yuYFpaBjWmxbaIiY" title="YouTube video player" frameBorder="0" allowfullscreen=""></iframe></div>

<p>But while newly-elected Senate President Alan Peter Cayetano claimed no senators can ever be arrested in Senate premises while in session, former senators Leila De Lima and Antonio Trillanes IV's past cases proved otherwise.</p>

But while newly-elected Senate President Alan Peter Cayetano claimed no senators can ever be arrested in Senate premises while in session, former senators Leila De Lima and Antonio Trillanes IV's past cases proved otherwise.

Can a senator be arrested inside Senate premises? Here's what happened to De Lima, Trillanes

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Can a senator be arrested inside Senate premises? Here's what happened to De Lima, Trillanes

Marilyn Cahatol,

ABS-CBN News

Published May 12, 2026 06:58 PM PHT

Read More:

Bato Dela Rosa

International Criminal Court

Senate

Alan Peter Cayetano

Leila De Lima

Antonio Trillanes IV

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