IN a chaotic situation punctuated by shrieks of terrified staff, lights going out, and a declaration of lockdown anew, several shots were fired inside the Senate Wednesday evening amid reports that Senator Bato dela Rosa might be arrested by the National Bureau of Investigation.
Senate President Alan Cayetano said they were “allegedly under attack” and berated NBI Director Melvin Matibag for not returning to the Senate to protect the people inside.
“Whoever is listening from the government, this is the Senate of the Philippines, we are allegedly under attack,” Cayetano said in a video posted on his social media account.
“I do not know what is happening… I do not know if I can keep my people safe here. I am willing to go out; I am willing to face anyone who is going to serve the warrant or do whatever. I told you: you are welcome to serve, but do not do this. So, please help us; please let us know what is happening,” he added.
Matibag and other NBI personnel were previously ordered to leave the Senate where Dela Rosa has been holed up since Monday.
Senate Secretary General Mark Llandro Mendoza said no one was hurt after at least 10 gunshots rang.
Interior Secretary Jonvic Remulla arrived at the Senate past 8:00 p.m.
“I am not here to arrest him [Dela Rosa]. I am here to secure everyone,” Remulla said.
No TRO yet
Earlier in the day, Supreme Court ordered government officials to comment within 72 hours on the manifestations filed by Dela Rosa seeking protection from arrest following the issuance of an International Criminal Court warrant against him.
Dela Rosa has been identified by the ICC as a co-perpetrator in the crimes against humanity case of former President Rodrigo Duterte.
The ICC website has identified him as a “defendant at large.”
In its resolution, the Supreme Court en banc directed respondent government officials to submit comments within a non-extendible period of 72 hours from receipt.
The High Court added the order was “without prejudice” to the Court taking interim or urgent measures sought by Dela Rosa if necessary.
Lawyer Jesus Falcis said the absence of a TRO leaves authorities free to act.
“No TRO means no impediment to arrest,” Falcis said, adding that “what is not prohibited is allowed.”
Subpoena recalled
Earlier, the Philippine National Police recalled a subpoena issued by the Criminal Investigation and Detection Group (CIDG) directing Dela Rosa to appear for questioning in connection with revived investigations into alleged extrajudicial killings during his stint as Davao City police chief.
PNP spokesperson Brig. Gen. Randulf Tuaño said the CIDG delivered a notice of recall Wednesday morning after the Senate placed Dela Rosa under protective custody.
“This is related to the instruction of the PNP chief and the CIDG director as a show of respect for the Senate as an institution in connection with the protection order they issued for Senator Bato dela Rosa,” Tuaño said.
The subpoena had ordered Dela Rosa to appear at Camp Crame on Thursday.
Tuaño clarified that the CIDG investigation remains ongoing and that a new subpoena may be issued once the Senate protection issue is resolved.
He added the PNP would act only on lawful directives regarding the ICC warrant.
Tuaño said one possible route involves extradition proceedings through Philippine courts and the Department of Justice, while another involves direct surrender under Republic Act 9851 through coordination with Interpol, the National Central Bureau in Manila, and the Philippine Center for Transnational Crime.
Padilla vs. Pangilinan
The ICC controversy also spilled into Senate proceedings Wednesday as tensions escalated between Senators Francis Pangilinan and Robin Padilla
Acting Senate Sergeant-at-Arms Mao Aplasca said the two senators were involved in a brief “commotion” at the Senate lounge after session proceedings were suspended.
“On their way out sa lounge, medyo nagkaroon ng commotion uli si Senator Robin at Pangilinan but it was quickly settled,” Aplasca said.
The confrontation stemmed from Tuesday’s plenary debate on the ICC warrant against Dela Rosa.
Pangilinan had sought to refer manifestations on the matter to the Senate Committee on Rules, but Padilla interrupted him, prompting Pangilinan to raise his voice and say: “I still have the floor.”
Padilla later demanded a public apology.
“Nangyari po ito on record sa Senado… Humihingi siya ng pag-abot ng kamay sa akin, hindi na on record (This happened on record in the Senate… [Pangilinan] extended his hand to me, but it was no longer on record),” Padilla said.
Pangilinan responded by telling Padilla to bring the matter before the Senate ethics committee if necessary.
‘Arrest necessary’
In February, Dela Rosa, fellow Senator Christopher Go and six others were identified as “co-perpetrators” in Duterte’s crimes against humanity trial in documents released by ICC prosecutors.
“Duterte and his co-perpetrators shared a common plan or agreement to ‘neutralize’ alleged criminals in the Philippines (including those perceived or alleged to be associated with drug use, sale or production) through violent crimes including murder,” the prosecution document read.
ICC prosecutors have charged Duterte with three counts of crimes against humanity, alleging his involvement in at least 76 murders between 2013 and 2018 as part of his “war on drugs.”
Prosecutors had argued Dela Rosa’s arrest would be “necessary to ensure his appearance before the court,” the newly unsealed warrant showed, noting he had reportedly threatened an investigator and labeled those who cooperated with the ICC as “traitors.”
