Experts Say Obstruction of Justice Complaint Possible Against Those Blocking ICC Warrant Arrest
Legal experts stated that individuals who prevent the arrest of a senator subject to an International Criminal Court warrant may face obstruction of justice charges under Philippine law. Senate officials cited immunity and questioned the warrant's validity while the senator remained in the Senate compound before leaving on May 14.
RapplerLegal experts have said that people who block the arrest of Senator Ronald “Bato” dela Rosa under an International Criminal Court warrant could face charges of obstruction of justice. Retired Supreme Court senior associate Justice Antonio Carpio told reporters on May 13 that preventing law enforcers from serving a warrant or summons constitutes obstruction of justice under the law.
He added that the National Bureau of Investigation should file such a complaint if Senate officials blocked the senator's surrender. Two other lawyers, ICC-accredited counsel Gilbert Andres and human rights lawyer Dino de Leon, took similar positions.
De Leon said that whoever facilitated and enabled the escape should be charged, and that if there was connivance with the Senate sergeant-at-arms they should be prosecuted.
Officials Question Warrant Validity Senate President Alan
Peter Cayetano stated on May 11 that no senator may be arrested within Senate premises. He, along with Senators Robin Padilla and dela Rosa, also said they would only honor a local warrant against dela Rosa. Cayetano later claimed that dela Rosa’s departure from the Senate compound on May 14 was legal because the ICC warrant was not valid.
Experts have countered that the Philippine government remains obligated to cooperate with the ICC and that Republic Act No. 9851 allows enforcement of warrants issued by international tribunals. m. on May 14 with Padilla. His exit came hours after a shooting incident between the Senate’s sergeant-at-arms and National Bureau of Investigation agents on May 13.
