Malacañang on Tuesday said the Senate’s protective custody over Sen. Ronald “Bato” dela Rosa has legal limitations, noting that Philippine laws would govern any action in connection with the International Criminal Court’s arrest warrant issued against him.

Palace Press Officer Claire Castro, a lawyer, said Republic Act 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, governs the matter despite the Philippines’ withdrawal from the ICC.

In a Palace press briefing, Castro noted that under Section 17 of RA 9851, the Philippines may defer to an international tribunal already conducting an investigation.

“Pwede natin i-waive ‘yung ating karapatan at ibigay na sa international court ang pagpapaimbestiga. At ‘yung lamang din po ang sinusunod natin dito sa RA 9851 (We may waive our right and allow the international court to conduct the investigation. And we only follow the provision of RA 9851),” she said.

Castro said the Department of Justice had earlier stated that there are only two options under the law – “either surrender or extradition.”

She added that a Supreme Court circular on extradition applies only to requests from a state and not from the ICC.

Asked how authorities could enforce a warrant if the Senate grants Dela Rosa a protective custody, Castro said senators’ privileges are not absolute.

“Meron pong tinatawag na privilege para hindi po hulihin ang sino mang senador habang nasa session kapag siya po ay nasa vicinity ng Senado. But alam po natin na ito ay may limitasyon (There is a privilege against arrest for senators while Congress is in session and when they are within the Senate vicinity. But we know that this privilege has limitations),” Castro said.

“Kapag ka po ang isang krimen na nagawa ay may penalty na more than six years, hindi po mag-a-apply itong privilege na ito (If the crime committed carries a penalty of more than six years, this privilege does not apply),” she added.

With regard to concerns that the Senate could be used as a “sanctuary” for Dela Rosa, Castro said lawmakers should know the limits of their authority, telling them that “they should not go beyond the law.”

Castro also stressed that the Philippines has obligations to Interpol to ensure accountability.

Pressed further about Dela Rosa’s appeal for protection from President Ferdinand R. Marcos Jr., Castro said all parties, including alleged extrajudicial killing victims and accused persons, are entitled to protection under the law.

“Maski naman po yung mga EJK victims ay humingi rin po ng proteksyon sa gobyerno. So ang akusadong katulad ni Sen. Bato ay humingi ng proteksyon. Lahat po po ay bibigyan ng proteksyon na naaayon sa batas (Even the EJK victims are seeking government protection. So, accused like Sen. Bato is also asking for protection. Everyone will be given protection in accordance with the law),” she said.

Castro, however, emphasized that Marcos has consistently directed law enforcement agencies to follow the law.

“Ang lagi naman po ang utos ng Pangulo, sa lahat ng enforcement agencies, sa lahat po ng pagkakataon, hindi lamang po dito patungkol kay Sen. Bato, dapat lamang ay sumunod kung ano ang sinasabi ng batas (The President’s standing order to all law enforcement agencies, in all instances and not only in relation to Sen. Bato, is to follow what the law says),” she said.

She added that if Dela Rosa is arrested, his rights as an accused would be respected.

Dela Rosa, named by the ICC as an “indirect co-perpetrator” in former president Rodrigo Duterte’s drug war, returned to work on Monday after hiding for several months.

Castro called on Duterte and Dela Rosa supporters to respect lawful process and not sow violence.

“Hindi po kinakailangan magkagulo. Alamin lamang ang batas, sumunod sa batas at hindi kinakailangan gamitin ang pwersa. Hindi kailangan gamitin ang mga harassment na nagagaling sa iba’t ibang kampo (There is no need for chaos. People only need to understand the law, follow the law, and there is no need to use force. There is no need for harassment coming from different camps),” Castro said. (PNA)