Marcoleta defends Dela Rosa amid possible arrest: Due process must be strictly observed — ANC

[0:00] Pwede pa ngayon? Pwede pa ngayon? Pwede pa ngayon ayusin niya niyan sir? [0:04] Yeah, full today. [0:06] Hindi na natin papalabasin niyan si... [0:10] But sir, do you know kayo? [0:12] Kayo din daw hindi pala nabasin natin. [0:14] Andi dito po dahil nag-request si Bato. [0:16] Optically, National DB, nasamahan ko'y mag-aaresto. [0:20] Nandito ko ngayon. [0:22] You have the warrant sir? You have the warrant? [0:24] Yes, pinakita ko na kanina, pinakita. [0:26] Sir, okay na po, okay na po. [0:28] Daniel! [0:30] Daniel! [0:32] Hello! [0:34] Daniel! [0:36] Daniel! [0:38] Oh! [0:40] Hey! [0:42] Hey! [0:44] Oh! [0:46] Hey! [0:48] Hey! [0:50] Hey! [0:52] Hey! [0:54] Hey! [0:56] We are getting word based on the ambush interview that we were just showing you [1:33] of former Senator Antonio Trillianes. Based on the exchange there, Trillianes said, [1:38] Sabi ni Bato, sasamahan ko daw siya. Ako daw ang magpoposa sa kanya, kaya hinihintay ko siya. [1:44] That is according to Trillianes and he was asked, is it an ICC warrant? [1:49] To which the former senator said, yes, yes, ICC warrant. [1:54] Andito lang ako kasi sinabi niya, nirequest niya na samahan ko ang pang-aresto. [1:59] Kaya andito ako ngayon, aaristuhin siya. [2:01] Once again, this is based on the ambush interview given by former senator Antonio Trillianes. [2:09] When he was asked if it is for an ICC warrant, he said yes. [2:13] Yes, it is an ICC warrant. [2:16] We will have to confirm that as well with official sources. [2:21] But that is what we're getting from the ambush interview, the exchange between former senator Antonio Trillianes, [2:27] who is still at the Senate with some members of the press. [2:31] So we'll now bring it back to the Senate where now we're seeing Senator Marcoleta speak. [2:38] Let's listen. [2:38] Available to them before any transfer to foreign or international authorities. [2:44] Ito pa po yung isa sa sense ng Resolution No. 44. [2:48] While not legally binding, the resolution reflects the Senate's opposition against extrajudicial rendition [2:56] and may be invoked to resist any attempt to arrest or surrender a sitting senator without due process. [3:03] Ito po yung inadapt natin, Mr. President. [3:05] And there is a relevant president. [3:10] Halimbawa po, yung binanggit kanina, former senator Trillianes, noong 2018, Mr. President. [3:19] Former senator Antonio Trillianes avoided arrest by submitting to the Senate custody. [3:25] After his amnesty was avoided. [3:27] Ang sabi pa nga po noon ni dating, well, the former president of the Senate, our friend, Vicente Soto III, [3:44] maintained that no senator would be arrested within Senate premises to preserve the institution's dignity. [3:53] Salita po nito ng ating colleague, Mr. President. [3:55] The Trillianes president shows that the Senate can refuse to allow any arrest within Senate premises [4:05] even for an unavailable offense, Mr. President. [4:10] Senate Resolution No. 44 strengthened this position. [4:14] While not legally binding, it expresses the Senate's official stand on this matter. [4:21] Filipinos must be protected from extrajudicial rendition. [4:25] They must be given reasonable time to seek legal remedies before any surrender or extradition. [4:30] Due process must be strictly observed. [4:34] This gives the Senate, Mr. President, a policy basis to resist any attempt to arrest or surrender Senator Bató [4:42] to international authorities without due process. [4:47] Even if offense is unavailable, Senator Bató is still or should he still be protected as long as he remains inside the Senate. [4:55] Because, number one, Senate can assert custody over him as it did with Trillianes. [5:02] Number two, Senate can refuse any entry to arresting officers. [5:07] And, number three, Resolution No. 44 provides political and procedural justification to delay or prevent arrest or surrender to international authorities. [5:21] Mr. President, the arrest cannot be executed inside the Senate. [5:26] And the Senator can seek judicial remedies while under Senate custody. [5:30] Thank you, Mr. President. [5:31] Your manifestation is well taken and noted. [5:41] I will restate that any government entity or any body, even judicial and quasi-judicial legislative bodies, [5:52] their existence, of course, is always a priority. [5:56] And when you have a collegial body, like the House or the Senate, [6:02] its members are given not only rights and responsibilities, but also privileges. [6:11] That's why there is also immunity against suit. [6:14] Because if you look at history, when the kings and queens in Europe allowed parliament to meet, [6:23] they would kidnap or stop or arrest members of parliament from going to parliament [6:31] if they think that parliament will be acting contrary to their wishes or interests. [6:40] And that's primarily the reason why, although we opted for the presidential form of government, [6:49] it is that the immunity is still found in our Constitution. [6:54] Having said that, there are also a list of criminal offenses, including preventing a legislative body from meeting. [7:05] There are also a list of criminal offenses, for example, an assault on a person of authority. [7:13] But it is really unprecedented for a senator to experience this within our premises. [7:19] Having said that, I think it is prudent, as Senator Soto said, [7:23] let us complete the investigation, get all the facts. [7:27] But I do that in that manner, we'll be able to act accordingly. [7:32] But it is not also prudent to just dismiss them and for them to leave. [7:39] That's why I'm asking also the Secretariat and the Committee on Rules [7:42] to start thinking about drafting a letter, if not a subpoena, to the NBI director. [7:48] So that it will be on the record who sent these agents and what were their primary objectives [8:00] or under what authority were they acting and what was their mission. [8:06] We will suspend and let's confer with each other and then we will give the sergeant of arms a few minutes. [8:14] I've also asked my head of legis, Attorney Sara, to accompany them to find out what really was their objectives. [8:24] Senator Marcoleta, do you wish that your speech, your manifestation be referred to a certain committee? [8:32] Yes, Mr. President. Aside from that, I'd like to say that newspaper accounts has said that the CIDG [8:42] issued a subpoena to Senator Bato on issues of extrajudicial killing. [8:56] Mr. President, if that is a fact, then an impending case... [9:03] Mr. President, if that's an inspiring putter risk-�nel, it's true of a senses-better situation. [9:05] Mr. President, Mr. President, and thank you for its support. [9:07] Mr. President, because you're speaking inased cases in schauen. [9:07] Mr. President, you're to welcome the Secretariat and your advocacy for your personality? [9:10] Mr. President, Icons, and the CEO, as his partner is engaged inully [9:12] so we will do this with Titanium. [9:13] Mr. President, thank you. [9:15] Mr. President, thank you. [9:17] Mr. President, thank you. [9:18] Mr. President, okay, thank you. [9:20] Mr. President told us to thank you. [9:21] Mr. President, it's aata-ledo vic- rapist stand-upist card. [9:23] Mr. President, I listened to any attention is able to prevent the vo-s "-sum- عket- Heil trading [9:24] presents.