SEN. Panfilo Lacson said Sen. Ronald dela Rosa can not use the Senate as a sanctuary forever if he chooses to evade arrest by the International Criminal Court (ICC). Ombudsman Jesus Crispin Remulla recently said the ICC has issued a warrant of arrest against dela Rosa to face a charge of crimes against humanity together with former president Rodrigo Duterte for their bloody war on drugs. The Department of Justice, however, said it has not received any arrest order from the ICC against dela Rosa. In a chance interview, Lacson said that the Constitution is very clear. If a senator faces charges with six years imprisonment, he or she has immunity from arrest when Congress is in session. “Those are the limitations,” he said. “If Congress is not in session, the immunity from arrest cannot be availed. But we support — we in the majority support — the pronouncement of the Senate president that as long as he is in the premises, at least give the courtesy not to conduct the arrest here,” he said. “If it comes to that, then we’ll have to tackle it. And probably that would be his call also. But he can’t stay in the Senate premises forever,” Lacson added. Lacson said he wanted to talk to dela Rosa to give him advice on how to deal with the prospect of getting arrested by the ICC “within the bounds of the law and rules ng International Criminal Court.” Lacson himself was a fugitive from the law when he stayed in hiding for more than a year to avoid being served an arrest warrant in the Dacer-Corbito double murder case. He resurfaced after the Court of Appeals reversed the charges against him. Dela Rosa was absent when the Senate resumed session on Tuesday. His office has yet to respond to media queries on why he failed to attend the session. ‘All theoretical’ The Department of Justice (DOJ) on Tuesday clarified that reports of an arrest warrant against dela Rosa remain unconfirmed, with no official copy of any warrant yet received. Officials stressed that any discussion on extradition or surrender remains hypothetical, even as legal and public debate intensifies over the senator’s potential immunity under Philippine law. “Right now, everything remains in the theoretical space. We have not seen nor received any copy of this ICC warrant of arrest,” Chief State Counsel Dennis Chan said during a press briefing at the DOJ office in Bonifacio Global City. “Under RA 9851, the state has two options available to it — extradition and surrender. To close the door on one option and focus entirely on extradition would limit the state’s discretion.” RA 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, provides the government with the legal framework to either extradite or surrender individuals accused of international crimes. DOJ officials emphasized that no decision has been made on which path to follow should a warrant be received. Prosecutor General Richard Fadullon noted that the government is also considering petitions before the Supreme Court regarding procedures previously used in the transfer of former president Rodrigo Duterte to The Hague. “We are mindful of pending Supreme Court petitions questioning past procedures. Out of courtesy and prudence, we prefer to await the Court’s resolution before taking action,” Fadullon said. When asked which process could be executed faster, Chan said surrender is the more expedient option. “Extradition involves multiple steps, including a request through the Department of Foreign Affairs, evaluation by the DOJ, and judicial proceedings. Surrender, on the other hand, shortens the process significantly,” he said. Fadullon clarified that while dela Rosa is a sitting senator, Philippine law does not provide absolute immunity that would prevent his arrest under these circumstances. “Certain restrictions apply only if Congress is in session and the penalty exceeds six years, but there is no absolute immunity,” he said. The DOJ also said the ICC, as a non-state entity, cannot formally request extradition under Philippine law. However, surrender remains a viable legal route under RA 9851, which the DOJ maintains is self-executing. “Congress intended the provisions under RA 9851 to be self-executing. No further legislation is required to operationalize surrender or extradition,” Chan added. Officials noted that although the Philippines is no longer a member of the ICC, international norms of reciprocity and comity remain relevant considerations. “While legally we cannot be compelled, we are weighing the diplomatic and international implications of any action,” Chan said.