By Dino de Leon, human rights lawyer
Those who allegedly allowed Sen. Ronald “Bato” dela Rosa to escape while under the supposed protective custody of the Senate, including Senate President Alan Peter Cayetano, should be investigated and held liable under the Revised Penal Code.
The Senate leadership could not invoke “protective custody” and later disclaim responsibility once the former police chief slipped away from authorities in the wee hours of the night.
You cannot invoke protective custody and then suddenly say you are not responsible when the person under your custody escapes. If they insist that Senator Dela Rosa was under Senate protection or custody, then they must also answer for his escape.
Cayetano, those who voted on the Senate Resolution to provide him protective custody, and whoever aided Bato in escaping, may be held criminally responsible for obstruction of justice under Presidential Decree 1829.
Whoever facilitated and enabled the escape should be charged. If there was connivance with the Senate sergeant-at-arms who is being accused of creating a facade that the Senate was under attack to allow the escape of an Internationally wanted person, they should all be prosecuted. If there was negligence or dereliction of duty, they should still be held liable.
Senate officials could not “have it both ways.”
If they invoke Senate custody to prevent arrest of Dela Rosa, then they also assume responsibility over the person supposedly under their custody. Accountability follows custody.
Even the Department of the Interior and Local Government secretary could be negligent and held liable for dereliction of duty. He said was there to protect the senators, including Bato. But how come he allowed Senator Bato to leave?
I earlier questioned the legal basis of the Senate’s alleged protective custody arrangement because such privilege cannot override lawful processes and obligations under the law.
The Senate cannot become a sanctuary for international fugitives or individuals evading lawful processes. No institution is above the law, and the Senate has no tradition of harboring international criminals wanted for the most heinous of crimes.
