Law enforcement agencies have reaffirmed their duty to execute valid arrest warrants against members of the Senate facing major criminal offenses, clarifying that legislative immunity is invalid for crimes carrying penalties exceeding six years of imprisonment.
During a press briefing on Monday, Criminal Investigation and Detection Group (CIDG) Director Maj. Gen. Robert Alexander Morico II stated that the Philippine National Police (PNP) is legally obligated to implement court orders, especially for non-bailable offenses like plunder.
Morico explained that the constitutional shield protecting lawmakers from arrest is restricted strictly to infractions punishable by less than six years in prison.
“If there’s a warrant, we will enforce it,” said Morico.
The National Bureau of Investigation (NBI) mirrored this stance, declaring it will serve any legally issued and valid warrant.
NBI Director Melvin Matibag pointed out that executing an arrest warrant within Senate grounds has historical precedent, citing past operations involving former senators Leila de Lima and Antonio Trillanes IV.
Matibag noted that friction only occurred previously when authorities attempted to serve an International Criminal Court (ICC) warrant against Senator Ronald “Bato” dela Rosa, after Senate President Alan Peter Cayetano placed him under protective custody. However, the NBI chief believes a similar standoff is highly improbable if the order comes directly from a Philippine court.
Morico also maintained that police forces would execute a legitimate judicial warrant regardless of the Senate’s stance.
The debate re-emerged after Matibag previously accused Cayetano of breaching an alleged agreement to keep Dela Rosa under Senate custody on the condition that he be produced whenever legally required. Dela Rosa ultimately left the Senate complex hours after a reported shooting incident, which authorities previously linked to his sudden departure.
Matibag added that he does not foresee the Senate invoking protective custody for local judicial mandates moving forward.
“During our conversation on May 11, they said that ICC is not a local court. This time, Sandiganbayan is a local court and with that they already surrendered that if it’s a local court, they will have no questions,” said Matibag.
The statement follows an arrest order issued by the Sandiganbayan 5th Division against Senator Jinggoy Estrada over his alleged involvement in a ₱573 million kickback scheme tied to anomalous flood control projects.
“I’m sure that they will not put him under protective custody. Otherwise, they will be defying their position before,” he added.
Beyond Estrada, reports reveal that at least three other senators are currently facing separate plunder complaints before state authorities.