The National Bureau of Investigation (NBI) has criticized the Senate’s implementation of “protective custody” in relation to Sen. Bato dela Rosa, following the senator’s exit from the Senate premises despite the existence of an arrest warrant linked to the International Criminal Court (ICC).

NBI Director Atty. Melvin Matibag questioned the Senate’s interpretation of “protective custody,” suggesting it may have been applied in a way that allowed the senator to avoid immediate arrest.

“Baka iba yung definition ng Senado rito sa protective custody, hindi nyo pwedeng hulihin, pero pwede naming patakasin. Mahirap po yata pagka-ganun yung naging sistema natin. Because it will send a bad precedent right now na yung Senate pwede palang pagtaguan ng isang pugante,” Matibag said in a news forum.

Matibag stressed that if the Senate had assumed custody over the senator, it also carried responsibility to ensure compliance with lawful orders and court processes.

“You have to remember, sinabi nila that the Senator Bato was under their protective custody. So ‘yun ‘yung isang dapat nasagutin ng Senado na you took it upon yourself, noong May 11, noong kami po yung unang pumunta roon para i-effect yung arrest... Usapang lalaki po 'yun with the Senate President, and with the other senators, they are saying he is under the protective custody of the Senate,” he added.

He further warned that such arrangements could raise legal and institutional concerns if individuals subject to warrants are allowed to evade enforcement actions.

“So ibig sabihin, kung ikaw may bala kang maging professional criminal… magsesenador ka para paghuhulihin ka, nandun ka lang sa Senado,” Matibag said, emphasizing the importance of consistent law enforcement.

“If you took it upon yourself na protective custody mo, ibig sabihin nun, na pagka hindi niyo siya pwedeng kuhain sa amin, kami ng bahala, pero pag kailangan niya nang managot sa batas at kailangan siyang ipresinta sa anumang ahensya o korte, we will make him available,” he added.

Matibag also called for clarity from the Senate regarding its role in the matter, saying it must be accountable for how “protective custody” was applied in this case.

In the forum, Matibag warned that if individuals with resources and alleged criminal intent were able to enter public office, it should not become a means to evade accountability.

“I think kailangan ma-realize natin yun because napapansin ko po, there is a breakdown of law and order right now,“ he added.

Matibag further emphasized, “Ako ngayon, nandito ngayon sa NBI, kami ngayon sa NBI, that is what we want to promote, that we have law and order. We have to instill law and order and discipline to every Pilipino right now.

Dela Rosa’s current whereabouts remain unknown, and authorities have been searching for dela Rosa after he exited the Senate premises hours after a shooting incident on May 13.

Dela Rosa is facing allegations of crimes against humanity linked to the anti-drug campaign under the administration of former President Rodrigo Duterte, during which he served as chief of the Philippine National Police (PNP) from 2016 to 2018.

Matibag earlier said that the agency will enforce the ICC arrest warrant against the senator, following the Department of Justice’s (DOJ) order.