Government didn’t do this, says Marcos Jr; no SC TRO for Bato’s arrest
MANILA, Philippines — Shots were fired last night on the second floor of the Senate building, triggering chaos and panic, as police and military personnel scoured the premises searching for Sen. Ronald dela Rosa.
President Marcos addressed the nation last night to clarify that all uniformed government forces seen in video footages were part of the Senate’s security forces, and did not come from outside.
“The government did not do this,” Marcos said, adding that there were no members of the National Bureau of Investigation (NBI) at the Senate.
He called for calm – “kalma lang po” – as he vowed to find out what happened, including the possibility that the gunfire was part of destabilization.
Nobody was reported hurt in the shooting. Some quarters suspected that it was meant as a diversionary tactic to allow Dela Rosa to sneak out.
The events unfolded after the Supreme Court did not issue the temporary restraining order sought by Dela Rosa. Instead the SC ordered the government to comment within 72 hours on his petition for a TRO against his arrest and turnover to the International Criminal Court (ICC) in The Hague.
In the absence of the TRO, authorities were expected to carry out Dela Rosa’s arrest for crimes against humanity – an offense with the maximum penalty of life in prison, which does not grant him the privilege of immunity from arrest while the Senate is in session.
Marcos, however, said last night that after the SC order came out, he instructed the NBI not to arrest Dela Rosa.
His Senate allies said they were giving him “protective custody,” but authorities said the chamber does not have this mandate and senators could face criminal indictment for obstruction of justice.
Interior Secretary Jonvic Remulla arrived at the Senate at around 8:30 p.m., telling the media that he was there not to arrest Dela Rosa but to “secure the senators” amid the gunfire.
Remulla ordered police to secure pieces of evidence in the Senate to shed light on the shooting incident earlier.
“Secure the CCTV room, there is nothing to be touched,” he told police before entering the Senate building.
He arrived with over 30 police officers led by National Capital Region Police Office director Maj. Gen. Anthony Aberin for a meeting with Senate President Alan Peter Cayetano.
The National Bureau of Investigation, which received the ICC warrant of arrest for Dela Rosa, denied that its men were at the Senate premises, especially at the time when gunshots were heard.
Earlier, Dela Rosa was seen with Sen. Robinhood Padilla entering the elevator along with several others, presumably security escorts.
Cayetano went on Facebook Live after the gunshots and slammed the NBI for the incident.
“I don’t know what’s happening. Why are we under attack here?” Cayetano said.
“I’m willing to go out and face anyone who is going to serve the warrant. But do not do this!”
His sister Sen. Pia Cayetano also appeared in live feed talking to NBI director Melvin Matibag. “What are you going to do about this?! Pinuputukan kami rito!” Pia said.
When the NBI official said there were gunshots because of the Senate security’s actions, Pia said: “Do your job! Make us safe!”
Aside from the Cayetanos, Sen. Camille Villar was also seen in the live feed. Cayetano confirmed that the majority was having a caucus when the gunshots were heard.
Over 1,500 police officers were securing the Senate premises, Philippine National Police chief Gen. Jose Melencio Nartatez Jr. said. He arrived at the Senate shortly before 9 p.m. to personally get information about the shooting incident.
Except for officers from the Police Security and Protection Group assigned as security detail to some senators, Nartatez said no other police officers were in the building when the shooting occurred. Nartatez said he has no information who were involved in the shooting.
No TRO from SC
Earlier yesterday, the Supreme Court (SC) announced that it did not issue a temporary restraining order (TRO) to stop the arrest of Dela Rosa, even as security forces swarmed the Senate premises to prevent him from leaving.
At a press briefer issued at around 6:15 p.m., the high tribunal announced its issuance of a resolution ordering executive officials to comment on Dela Rosa’s urgent petitions for a TRO, writ of preliminary injunction or a status quo ante order within a non-extendible period of 72 hours from receipt. Dela Rosa is also ordered to reply to respondents’ comments within the same period.
Without confirming or denying, the SC has not granted any of Dela Rosa’s requests to prevent his possible arrest based on the ICC warrant.
When asked if the high court can issue at a later date a TRO, SC spokesperson Camille Ting said, “Yes.” Asked further if Dela Rosa can be arrested without a TRO, Ting replied: “This matter is not covered by the resolution.”
“The Resolution only requires the respondents to comment and for petitioner to file a reply,” she added.
Shortly after his dramatic return to the Senate following months of absence, Dela Rosa’s camp through his lawyer Israelito Torreon filed petitions calling on the SC to stop his arrest by the ICC as co-perpetrator of former president Rodrigo Duterte in crimes against humanity.
He was also seeking the withdrawal of a subpoena issued by the Criminal Investigation and Detection Group ordering him to appear at Camp Crame to answer allegations of extrajudicial killings during his time as local police chief.
Dela Rosa lambasted the attempt of the NBI and former senator Antonio Trillanes IV to enforce the ICC warrant, even if Trillanes was a private citizen.
The senator went on Facebook live at past 5 p.m. yesterday to call on his supporters to hold a vigil outside the Senate building, saying he received information that operatives from the NBI and the CIDG were on their way to arrest him.
“I’m calling on you to help me. Don’t let another Filipino get flown to The Hague,” he said in Filipino. “Come here, help us. Let’s have a vigil in front of the Senate.”
He reminded his audience that he is a dedicated police officer and that Filipinos should not allow another Filipino to suffer the fate of former president Duterte, who was taken to The Hague to stand trial.
Also yesterday, Dela Rosa made an impassioned plea for “peaceful support” and even sang the Philippine Military Academy hymn.
Dela Rosa said the PMA hymn should be a reminder for the soldiers to uphold the country’s sovereignty against interference from a foreign court like the ICC.
“I am not appealing for a violent support. I am appealing for a peaceful support,” he said.
While maintaining that the ICC arrest warrant remains “alive,” the NBI earlier it was not serving it to Dela Rosa at the moment.
“As of now, our direction temporarily is we are not executing or enforcing the warrant of arrest,” Matibag said yesterday in an interview with GMA’s “Unang Balita.”
The PNP-CIDG meanwhile, recalled yesterday its subpoena to the embattled senator that would have required his appearance today before investigators to answer allegations of extrajudicial killings during his stint as chief of the Davao City and Davao region police offices.
PNP spokesman Brig. Gen. Randulf Tuaño said the withdrawal was in deference to the Senate protection order on Dela Rosa.
The NBI attempted to arrest Dela Rosa on Monday when he showed up at the Senate for the first time in six months, but the operation only led to a chase, with the senator shown on surveillance video running away from authorities and stumbling while hurriedly climbing a flight of stairs.
The new majority bloc would later issue a contempt citation against the NBI agents and assure Dela Rosa of protective custody while the chamber is in session.
Matibag insisted that the NBI was in “close coordination” with the Senate’s sergeant-at-arms and in “constant coordination” with the Philippine Center on Transnational Crime while enforcing the warrant.
The NBI chief said the agency would conduct its own investigation on the matter and would speak with Senate President Cayetano about the contempt citation.
Matibag urged Dela Rosa, a former police chief, to voluntarily surrender to prevent further trouble.
“He’s from law enforcement, and to avoid all these things, it’s better for him to surrender to authorities so that we can carry out the proper process and to avoid further problem that drags many people,” he said.
The CIDG, meanwhile, said the senator had already been informed of the withdrawal of the subpoena. Despite the withdrawal, Tuaño said the CIDG would continue its investigation on alleged killings attributed to Dela Rosa.
“Once the Senate protection order is settled, the CIDG will serve a new subpoena to Senator Bato dela Rosa,” Tuaño said.
Speaking from The Hague, Vice President Sara Duterte said the NBI’s action was an indication that “the administration does not understand what sovereignty means.”
“Well, it’s sad because other agencies do not respect the independence of the Senate. And it’s a shame because we have fellow Filipinos, especially the administration, who do not understand what sovereignty means,” Duterte said. - Emmanuel Tupas, Ghio Ong, EJ Macababbad, Bella Cariaso