Senate President Pro Tempore Panfilo “Ping” Lacson emphasized that adherence to the Constitution should take precedence over all considerations—including loyalty to colleagues—when responding to International Criminal Court (ICC) complaints against Senators Ronald “Bato” dela Rosa and Bong Go.
“If we violate the law of the land, yan ang walang patawad, wala tayong paguusapan. We are complying with the provision of the Constitution, which is the fundamental law of the land,” Lacson said in a television interview.
“Maliwanag na may immunity from arrest … pag ang penalty is six years and below, and Congress is in session. Wala tayong moral ascendancy na nawawala pag nag-follow tayo ng Constitution,” he added.
Under Article VI, Section 11 of the Constitution, “(a) Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. No Member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.”
The ICC has identified Go and dela Rosa as “co-perpetrators” of former President Rodrigo Duterte in the administration’s deadly anti-illegal drugs campaign.
Lacson noted that it is not yet clear whether Go and dela Rosa fall under the immunity from arrest provision, as the ICC’s confirmation of charges hearing for the former President is scheduled from February 23 to 27.
Until the hearing concludes, he said, it is uncertain whether the potential penalty for Go and dela Rosa would qualify as imprisonment of “six years and below.” If it does, the Constitution could be invoked.
“Hindi lang batas yan, Constitution yan,” Lacson stressed.
He also explained that although there is no current definitive interpretation, the constitutional provision regarding being “in session” could mean that immunity from arrest may lapse once the first regular session adjourns sine die on June 6.