TURNING POINT: Not Safe

NAAWAN, Misamis Oriental (MindaNews / 12 Nov) — Congressional immunity in the Philippine Constitution refers to the legal protections afforded to members of Congress while they perform their official duties, if the crimes committed are related to their legislative work, such as corruption, fraud, bribery, and other illegal activities that undermine the integrity of the legislative process.

If, however, a member commits a crime unrelated to their legislative role, they can face prosecution and penalties like any other citizen.

Senator Bato dela Rosa is not actually safe from arrest even if he is inside the premises of the Senate, contrary to the assurance of Senate President Sotto, because the crimes he is accused of are unrelated to his functions.

Bato is accused of having committed crimes against humanity as the architect and implementor of Duterte’s war on drugs that snuffed the lives of thousands without due process. Dela Rosa must be held accountable for said widespread extrajudicial killings and abuses committed in the campaign. He faces life imprisonment or death for the felony.

Thus, if the International Criminal Court has issued a warrant for his arrest, the Philippines is obliged to cooperate and surrender him through Interpol. Bato could be picked up anytime, anywhere, and shipped to The Hague to party with his patron, former President Rodrigo Duterte, for life.

Of course, Bato may run to the Supreme Court for protection under the court’s new rules on extradition. Unfortunately, extradition is a country-to-country dynamic and does not apply to the ICC, which is an international treaty body. The ICC issues arrest warrants and is not concerned with extradition.

Bato is now in limbo. He may hide and hide till kingdom come. But more than the common bato in the road, he shines and is ultra visible.

He is not safe.

(MindaViews is the opinion section of MindaNews. William R. Adan, Ph.D., is retired professor and former chancellor of Mindanao State University at Naawan, Misamis Oriental.)