Bato Dela Rosa vs Antonio Trillanes: Arrest Issue? | Michael Say, Morgan Say and Solomon Say

Añadido: 2026-05-12

[00:00:00]Rosa versus Australian arrest issue.

[00:00:20]onlinerest IC warrant of arrest former basically Netherlands former senator enforced arrest warrant enforceable without the interpol coordination.

[00:01:20]Violation of human rights warrant of arrest of arrest localess.

[00:01:40]commentators.

[00:01:45]Very confusing.

[00:01:49]is except for the one that was served during the time of the warrant of arrest against the former president dut against number one member ICC.

[00:02:27]But on the other side of the coin during that time so therefore valid enforcement ruling but if we look at it clearly of number building.

[00:03:03]He gets six years imprisonment.

[00:03:13]Senate building authorities warrant of arrest again.

[00:03:32]So right now when you say that means executive department justice department IC when it comes to its enforcibility because interpol agreements. So therefore Senate session what they can do is they should get a court order to serve as a TTRO or injunction against the warrant of arrest. No, that's a move that they can do. But of course whether it will be granted or not, that's another story.

[00:04:20]And even if it is granted for the sake of argument, it can still be argued and deate debated in the court.

[00:04:29]So this is a very complicated issue.

[00:04:31]That's why there are so many sides of the coin here, the pros and the cons.

[00:04:34]But both of them have some points of views to consider. So clear argument.

[00:04:45]This is preceded except for the one that was served to against the former presidental or should it be enforcable or not? But again, even if they say it's not enforceable as far as the former president is concerned issue, this is another story.

[00:05:13]So maybe he can challenge it in court.

[00:05:14]Dad, it's funny and sad at the same time for the wrong reasons or ex Senator NBI agency.

[00:05:44]Senator Senator Senator Senate building warrant of arrest years ago former senator Lima served arrest warrant session hall. So dad supposedly it was the Senate President the new Senate Presidenc Alan Kayano who was the one who ordered the Senate man-at-arms to basically force or NBI agents from the Senate building. Is that legal bad that they can the Senate can uh prevent a valid arrest or well again valid but the fact agents ICC arrest warrant for some reason former senator. So is that something that's legal now one branch of government can prevent another branch of government from fulfilling their role?

[00:06:46]Well, there's some distinction when it comes to the case of Senator Dimma and Senate former Senator Trillanes during that time. It was our local courts that issued the warrants of arrest. No. So, in the case of Senator B Rosa, the warrant of arrest was wassued by the International Criminal Court. So, there's the two distinction there.

[00:07:12]question is the Philippine government recognizing the ICC warrant of arrest yes or no if it's if the Philippine government which has been which is already proven that recognized it because in the mere fact that the NBI is serving the warrant of arrest that means the Philippine government has already indicated that it is recognizing the warrant of arrest ISIS of the of the international criminal court so that's one second issue Is the case or is the case where Senator Ba dear Rosa is uh involved? Is is this carrying a prison term of less than 6 years or more than 6 years? If this is crime against humanity, then therefore if he will be a judge guilty, this is a punishable by more than 6 years. No, sometimes it could be lifetime pan. No.

[00:08:04]So that's the difference. So those are the two distinction. If it's if the case involved will require a punishment or penalty of more than 60 imprisonment, then the warrant can be served even if he is in session. So second point, Senate President Alan Cayano has disallowed the serving of the warrant. No, in fact, he has ordered the sergeant-at-arms to ask the NBI to leave the the pre in the the premises of Senate building. Well, normally mutual respect No, mutual respect is the other branch of the government, the executive branch will normally pay give respect to the legislative branch. But again, there is also a limitation there.

[00:08:45]No, there's also limitation in this particular case cuz it was an international court that issued it. Of course, it's a international criminal court, but it will not really serve any purpose if it cannot be served also. But if it's a local court warrant, then of course the Senate President can also be held in contempt because outside the the Senate session hall, he is still a private he's still a citizen that is subject and liable to any crime that could be committed or that that can be committed.

[00:09:15]In this particular case, contempt of court if he is preventing the serving of warrant of arrest which is legally enforcable.

[00:09:33]issues. Well, actually months ago, well, in fairness, former Senator, but for some IC warrant of arrest. I'm just curious that sealed copy of the warrant arrest official government. Can we even say for certain legitimate former senatorial even though ICC warrant of arrest? But why through senatorial? Shouldn't it be through our NBI or PNP?

[00:10:32]>> Yes, definitely. No. So, definitely it has to be coursed through the proper uh agency of the Philippine government that will recognize such uh uh a warrant of arrest that they will enforce. If they recognize it, then they will enforce it.

[00:10:44]If they don't recognize it, then it won't be enforced. No, IC is limited to the fact that if it will be recognized by the Philippine government, if the Philippine government does not recognize it, then it has no enforcability. So number one point number two why was it given to senator former senator trillian not through the proper government agency that we don't know specifically whether it was given whether the Philippine government was also given a copy or not but assuming that they gave also former senatores a copy there could be some confidential arrangement between him and the ICC no he could have been designated as let's say a special agent or confidential agent or confidential informat or asset no of the ICC we don't know because these are normally confidential in nature. So whatever his designation is or whatever his recognition is with respect to the ICC it's it's subject between I between the ICC and him but the mere fact that the NBI was there uh to enforce the warrant that means the Philippine government is already recog has already recognized the validity enforcibility of that warrant and once they recognize it then of course it it would be enforced unless of course Unless Senator B de la Rosa can run to the Supreme Court and secure an DRO or injunction against a serving of that dear then then that could possibly neutralize the whole thing. No, but again should the Supreme Court even intervene on this particular issue considering this is something that is already on trial? No, when it comes to the to the H. No, because the the already trying they're already in the process of starting the trial against former president Duterte and I think Senator B Rosa is a co-conspirator in fact in this particular case. So the case is already going through the trial process.

[00:12:38]Adding office of thems Office of the Sergeant-at-Arms Sergeant-at-Arms.

[00:13:16]Do they have the power to prevent other authorities from entering the Senate premises? Well, normally sergeant at arms head security or security.

[00:13:29]So their job is to protect the Senate property, the facility and the people inside the facility of the Senate halls.

[00:13:35]No, but of course NBI is a national government agency that can enforce the laws of the Philippines. So mandate. So, so therefore definitely if they are uh recognizing the enforcibility of the warrant then they have the right to do their job not to do their mandate. The problem is if the sergeant of arms became a stumbling block or a hindrance an obstacle in enforcing that then of course there therefore they have the right to do whatever they can do within the bounds of law to harass him or to put him in a in a situation. So issues normally mutual respect the executive branch NBI belongs to the executive branch. Normally there is a mutual respect between NBI and the between the executive branch and the legislative branch. No. So normally there should be court c court discussion before the enforcibility of the war. No. So but in this particular case cuz the executive branch must have read that the legislative branch would not cooperate or maybe there was already prior discussion before this also that's why there was already some entanglement along the way even even senator B de Rosa had to wrestle himself out of that particular situation so that he can go to the senate hall seek protection but even that even that is not really such a sanctuary because he can still be arrested because the crime that he is involved with is punishable by more than six years. No. So it's not absolute. No.

[00:15:00]Being being being a senator or a congressman, you don't have absolute immunity parliamentary immunity based on the 1987 constitution. But even that has limitations. So that's the point has the Senate has taken custody of Senator Bosa. So when you say taken custody that means national government.

[00:15:26]>> Correct. That's that's that's what they're trying to drive. No, that's that's that's what they're trying to say. But again, let's get back to the real issues here. No, as we said, uh a parliamentary immunity is not absolute.

[00:15:37]And uh number two, if the crime is more than punishable by more than 6 years imprisonment, therefore uh the that immunity is not also applicable. No. So that's that's the problem here. That's the issue that uh the senator B is facing. I think what they're doing based on our analysis is they're buying time so that they can pop get sec uh secure a TTRO temporary restraining order from a local court no or an injunction. So I think that's what they're they're they're trying to move forward too. But again, of course, it also depends whether NBI will really forcefully enforce that guaran because they can do so. No, if they if they really uh go for it, they can really arrest uh Senator B Rosa, no matter who is trying to protect him over there. No, because anyone who who serves as an obstacle or hindrance or prevents them from doing so, can be also sued for contempt of court or can be liable for contempt of court.

[00:16:40]government against the wishes of the Senate, Sergeant-at-Arms, and they just go in with the heavy hands.

[00:17:01]Well, yes, of course. Government Normally, Secretary of Defense NB I did at that time but normally diplomatic discussions and then both parties should be enlightened about the legal boundaries and parameters. So in the days coming forward but normally a heavy hand is not necessary no because I think both parties the executive branch and legislative branch they're both sensible people and responsible people reasonable people so I think this could be handled in a proper discussion the only issue here talaga is whether Senator B de Rosa can get a court order to prevent that warrant for uh uh to being served or being served against him. No. So issue if he cannot get it and then the NBI can would be able to arrest him then of course they will surrender him to the ICC. So question should we surrender him to a government to a foreign government or agency.

[00:19:00]This is something that will be subject for a further de debate and discussion amongst parties.

[00:19:09]He's a Filipino constituent. He's a Filipino. He should be tried here in the Philippines and he should not be shipped off sanga. So moving aside from the legalities of it, this if ever extradite senator de Rosa to the he that would be the second Filipino that would be under the Marcos administration that has been thrown away to another country to be judged by another country. My question is is President Bong Marcos being very pro- Philippines by sending people out of the Philippines to be judged or he's being very anti-filippines because he doesn't trust the institutions of the Philippines to judge these people locally.

[00:19:45]Let's let's assume for the sake of argument that uh you are sitting there and you are the president. No. So what's going on in your mind? Well, number one, of course, number one, International Criminal Court that has already done their preliminary assessment of the whole issue. No, that's why they issued the warrant of arrest. Now if he disrespect that assuming for the sake of argument he disrespects that of course his image in the international community is such that he is a cuddler or protector of uh people who have committed crimes against humanity. So downside criminal court on the other side of the coinator.

[00:20:46]So it's it's a very difficult situation.

[00:20:48]If he says yes to ICC, the Filipino people would definitely feel betrayed.

[00:20:53]Not all, but at least a good number of Filipinos would feel betrayed because why did he surrender his co-ilipino to another to a foreign government? No. So that's one. But on the other hand, if he does not surrender it, the problem is the Philippines will be viewed as a country that is backward in terms of its culture, in terms of uh its uh its way of imposing implementing legal boundaries or parameters. No. So we we could be also viewed as a country that's not yet ready to be accepted in the civil society of the the global community.

[00:21:28]leftist congressman and the other leftist or communist leaning congressmen and supporters local courts by saying that statement are these leftist congressmen or communist congressmen and supporters justice systemic.

[00:22:02]Let's be fair and objective to all parties.

[00:22:12]in power.

[00:22:20]Most of the people in the judiciary branch were appointed or are appointed based on political recommendations or political connection. So it const But there's a good number of that.

[00:22:59]That's why mistrust judicial branch because of that. No.

[00:23:04]Second, of course.

[00:23:20]Jury orice judge.

[00:23:58]Connection game influence. game.

[00:24:20]Of course, members of the judiciary branch.

[00:24:29]sometimes at a cost that is really going to hurt them also.

[00:24:46]So that's why we have to give honor to these people to these members of the judiciary now who are really fighting for their principle and their values and they're noting to this kind of shenanigans prolight Popular sentiment opinion.

[00:25:40]The best side and the only side that we should take asipinos is a side that is proilippino and to choose the best choices for the Philippines and for allipos.

[00:25:52]Defenders party.

[00:25:57]Some of our viewers are asking what topic are we talking about most of the time? Is it about politics? Is it about celebrities or movie stars? Is it about gossip? My fellow countrymen, what we are discussing here is topics or subjects that will enlighten you. Topics and subjects that will give you further wisdom, further appreciation of circumstances so that you can have a brighter and enlightened future ahead of you and you can have a more progressive life and livelihood along the way. I'm Michael Sai, your dead nay.