Human rights lawyer Dino de Leon has called for the investigation and prosecution of Senate officials, including Senate President Alan Peter Cayetano, who allegedly allowed Senator Ronald “Bato” dela Rosa to escape while under the supposed protective custody of the Senate. De Leon argued that those responsible should be held liable under the Revised Penal Code.
Protective Custody Cannot Be Used Selectively
De Leon emphasized that the Senate leadership cannot invoke “protective custody” and later disclaim responsibility once the former police chief slipped away from authorities in the early hours of the morning. “You cannot invoke protective custody and then suddenly say you are not responsible when the person under your custody escapes. If they insist that Senator Dela Rosa was under Senate protection or custody, then they must also answer for his escape,” he stated.
Potential Criminal Charges
The lawyer noted that Cayetano, those who voted on the Senate Resolution to provide protective custody, and anyone who aided Dela Rosa in escaping could face criminal charges for obstruction of justice under Presidential Decree 1829. “Whoever facilitated and enabled the escape should be charged. If there was connivance with the Senate sergeant-at-arms, who is being accused of creating a facade that the Senate was under attack to allow the escape of an internationally wanted person, they should all be prosecuted. If there was negligence or dereliction of duty, they should still be held liable,” de Leon said.
Accountability Follows Custody
De Leon stressed that Senate officials cannot “have it both ways.” “If they invoke Senate custody to prevent arrest of Dela Rosa, then they also assume responsibility over the person supposedly under their custody. Accountability follows custody,” he explained. He also pointed to potential negligence by the Department of the Interior and Local Government secretary, who was present to protect senators but allowed Dela Rosa to leave.
No Sanctuary for Fugitives
Earlier, de Leon questioned the legal basis of the Senate’s alleged protective custody arrangement, arguing that such privilege cannot override lawful processes and obligations under the law. “The Senate cannot become a sanctuary for international fugitives or individuals evading lawful processes. No institution is above the law, and the Senate has no tradition of harboring international criminals wanted for the most heinous of crimes,” he concluded.
