Senator Rodante Marcoleta on Wednesday opposed a Senate resolution urging Senator Ronald “Bato” Dela Rosa to voluntarily surrender to “proper authorities” amid an arrest warrant issued by the International Criminal Court (ICC).
During a privilege speech at the Senate plenary, Marcoleta called on the five authors of Senate Resolution No. 395 to withdraw the measure, which urges Dela Rosa to surrender and seek judicial remedies under Philippine laws and the Constitution.
The resolution was filed by Senators Francis Pangilinan, Vicente Sotto III, Panfilo "Ping" Lacson, Risa Hontiveros, and Bam Aquino, amid Dela Rosa’s continued presence in the Senate in light of the ICC warrant.
Marcoleta argued that surrendering Dela Rosa to the ICC would effectively place him outside the protection of Philippine courts.
“I respectfully oppose this resolution on the ground that the moment Senator Dela Rosa surrenders, he will be immediately brought outside Philippine territory and deprived of the protection and remedies of Philippine laws and courts,” Marcoleta said.
He also cited Republic Act 9851, asserting that Philippine regional trial courts have jurisdiction over crimes against humanity, and maintained that the ICC has no authority following the country’s withdrawal from the Rome Statute.
He also emphasized that the Senate’s protective custody over Dela Rosa addresses what he described as both a threat to personal liberty and to the institution of the Senate itself.
“The protective custody granted to Senator dela Rosa addresses not only an extraordinary threat to his liberty but also an existential threat to the integrity of the Philippine Senate,” he said.
“Dapat lamang na ibasura ang Resolution 395,” he added.
The ICC Pre-Trial Chamber I confirmed that it issued an arrest warrant for Dela Rosa on November 6, 2025, which was unsealed on May 11, 2026, according to earlier disclosures cited in the Senate.
Under the leadership of Senate President Alan Peter Cayetano, the chamber on Monday placed Dela Rosa under its protective custody as discussions over the warrant continue.
Authors of the resolution pointed out that the Senate has historically respected judicial processes involving its members, citing past cases involving former senators Juan Ponce Enrile, Leila de Lima, and Antonio "Sonny" Trillanes IV, and countered earlier statements suggesting no senator had been taken into custody inside Senate premises.
The ICC warrant against Dela Rosa is linked to his alleged role during the Duterte administration’s anti-drug campaign while he served as Philippine National Police (PNP) chief.
