The disappearance of Sen. Ronald “Bato” Dela Rosa put into question the integrity of the Senate which issued the protective custody for him, the top official of the National Bureau of Investigation (NBI) said.

For NBI director Melvin Matibag, the rule of protective custody in the case of Dela Rosa is plain and simple: No arrest will be made but when the time comes that there is no legal impediment to effect the arrest warrant issued by the International Criminal Court (ICC), it is the Senate which will turn over Dela Rosa.

“When we went there (Senate) on May 11 to effect the arrest, there was a gentleman’s agreement with the Senate President and with the other senators that he (Dela Rosa) will be under the protective custody of the Senate,” said Matibag.

Dela Rosa surfaced at the Senate on May 11—after six months of hiding—to participate in the successful attempt of ousting Vicente Sotto III as Senate President. It was during that time that a video of Dela Rosa running away from NBI agents cas captured in CCTV and later went viral.

This was the reason, according to Matibag, why NBI agents moved out of the Senate and decided not to pursue in arresting Dela Rosa, as he explained that “protective custody” carries responsibility, particularly when authorities are seeking the appearance of a person wanted for legal proceedings.

The NBI director compared the arrangement to entrusting valuables to a baggage counter, saying accountability comes with custody.

But with Dela Rosa “escaping” hours after the Senate gunfire, Matibag said it set a dangerous precedent and undermined public trust in law enforcement and the justice system.

“It will set a bad precedent right now that the Senate can be a hiding place for fugitives,” said Matibag.

He warned that if lawmakers or institutions are perceived as shielding fugitives, it could weaken respect for the rule of law and encourage abuse of public office.

Matibag also cautioned that such a precedent could create the impression that elected office may be used as protection from accountability.

Enter Robin 

Matibag, meanwhile, said that Sen. Robin Padilla should voluntarily help authorities establish the full account of how Dela Rosa left the Senate premises after the former police chief had been placed under the chamber’s protective custody.

He said Padilla does not need to wait for law enforcement agencies to compel him to explain what he knows, especially because the matter involves the movement of a senator who had been the subject of an arrest effort.

Asked about Padilla’s claim that dela Rosa got off in Makati and that he no longer knew where the senator went afterward, Matibag said there are still questions that must be answered beyond the act of giving him a ride.