The National Bureau of Investigation (NBI) has criticized the Senate’s handling of “protective custody” for Senator Ronald “Bato” dela Rosa, after the lawmaker managed to leave the Senate premises despite an active International Criminal Court (ICC) arrest warrant.
NBI Director Melvin Matibag openly questioned the upper chamber’s application of the mechanism, suggesting it was used to help the senator evade law enforcement.
“Baka iba yung definition ng Senado rito sa protective custody, hindi nyo pwedeng hulihin, pero pwede naming patakasin. Mahirap po yata pagka-ganun yung naging sistema natin. Because it will send a bad precedent right now na yung Senate pwede palang pagtaguan ng isang pugante,” Matibag said during a news forum.
Maybe the Senate has a different definition of protective custody here—that you cannot arrest him, but we can let him escape. It might be difficult if our system works that way. Because it will send a bad precedent right now that the Senate can apparently be used as a hiding place for a fugitive.
Matibag argued that by taking the lawmaker into custody, the Senate assumed the legal obligation to ensure his compliance with judicial processes and lawful orders.
He recalled a gentleman’s agreement made during the initial arrest attempt.
“You have to remember, sinabi nila that the Senator Bato was under their protective custody. So ‘yun ‘yung isang dapat nasagutin ng Senado na you took it upon yourself, noong May 11, noong kami po yung unang pumunta roon para i-effect yung arrest… Usapang lalaki po ‘yun with the Senate President, and with the other senators, they are saying he is under the protective custody of the Senate,” he added.
You have to remember, they said that Senator Bato was under their protective custody. So that is one thing the Senate needs to answer for—that you took it upon yourself, last May 11, when we first went there to effect the arrest… That was a gentleman’s agreement with the Senate President, and with the other senators, they are saying he is under the protective custody of the Senate.
The NBI chief warned that allowing individuals with standing warrants to slip away undermines institutional integrity and uniform law enforcement. He cautioned that public office should never serve as a sanctuary for those evading prosecution.
“So ibig sabihin, kung ikaw may bala kang maging professional criminal… magsesenador ka para paghuhulihin ka, nandun ka lang sa Senado,” Matibag said. “If you took it upon yourself na protective custody mo, ibig sabihin nun, na pagka hindi niyo siya pwedeng kuhain sa amin, kami ng bahala, pero pag kailangan niya nang managot sa batas at kailangan siyang ipresinta sa anumang ahensya o korte, we will make him available.”
So it means, if you have the ammunition to be a professional criminal… you will just run for senator so that when they come to arrest you, you can just stay in the Senate. If you took it upon yourself that he is under your protective custody, it means that while you can’t take him from us, we will take care of it, but when he needs to answer to the law and needs to be presented to any agency or court, we will make him available.
Demanding accountability from the Senate, Matibag expressed deep concern over the broader implications on public order if wealthy or influential figures can shield themselves behind government positions.
“So ibig sabihin, kung ikaw may bala kang maging professional criminal at maraming means ka to be a senator, magsesenador ka para paghuhulihin ka, nandun ka lang sa Senado,” he emphasized. “I think kailangan ma-realize natin yun because napapansin ko po, there is a breakdown of law and order right now.“
So it means, if you have the ammunition to be a professional criminal and you have plenty of means to be a senator, you will just become a senator so that when they try to arrest you, you just stay inside the Senate. I think we need to realize that because I notice that there is a breakdown of law and order right now.
Matibag reaffirmed the bureau’s commitment to maintaining a uniform standard of justice across the country.
“Ako ngayon, nandito ngayon sa NBI, kami ngayon sa NBI, that is what we want to promote, that we have law and order. We have to instill law and order and discipline to every Pilipino right now,” Matibag stated.
Me right now, being here in the NBI, we in the NBI, that is what we want to promote, that we have law and order. We have to instill law and order and discipline to every Filipino right now.
Dela Rosa’s current location is unknown. Tracking efforts intensified after he slipped out of the Senate building on May 13, hours after a shooting incident occurred.
The senator faces crimes against humanity charges before the ICC in connection with the controversial anti-drug campaign during the administration of former President Rodrigo Duterte, whom Dela Rosa served as Philippine National Police (PNP) chief from 2016 to 2018.
The NBI’s move to enforce the international warrant follows a directive from the Department of Justice (DOJ), which cleared the arrest operation after the Supreme Court dismissed Dela Rosa’s petition for a temporary restraining order (TRO).
Meanwhile, the PNP has alerted all maritime and airport border units to block potential escape routes, particularly through the country’s “southern backdoor.”