Senate President Pro Tempore Panfilo Lacson on Wednesday asserted that the Senate’s moral ascendancy remains intact as long as it adheres to the Charter – particularly the provisions on immunity from arrest under Art. VI, Sec. 11.
Lacson made the statement after the International Criminal Court (ICC) Office of the Prosecutors moved to identify Senators Christopher Lawrence “Bong” Go and Ronald “Bato” dela Rosa as alleged co-perpetrators in the killings that took place during the Duterte administration’s campaign against illegal drugs.
In a televised interview on Tuesday, Lacson said upholding the Constitution must take precedence over all considerations —including loyalty to colleagues — in the government’s response to the ICC charges against Dela Rosa and Go.
“If we violate the law of the land, we have nothing to discuss. We are complying with the provision of the Constitution, which is the fundamental law of the land. It is clear that there is immunity from arrest if the penalty is six years and below, and Congress is in session,” Lacson said.
Under Art. VI, Sec. 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.”
Lacson said it is still unclear as of now if Go and Dela Rosa would qualify for immunity from arrest, as the ICC’s confirmation of charges hearing for the former President is not scheduled until Feb. 23 to 27.
Until then, he said it is not clear whether the two senators would face imprisonment of six years and below.
If it does, he said, “our Constitution can be invoked. This is not just any other law but the Constitution.”
Lacson added that while there is no clear definition at this time, the Constitution’s provision on “in session” could be interpreted to mean that the immunity from arrest would be “lifted” once the first regular session adjourns sine die on June 6. (PNA)