FEBRUARY 17, 2026 — No senator can be arrested while the Senate is in session. That’s the line Risa Hontiveros drew loud and clear, throwing tradition into the spotlight just as the International Criminal Court (ICC) named Senators Bong Go and Bato Dela Rosa as co-perpetrators in former president Rodrigo Duterte’s case. Suddenly, the Senate isn’t just debating bills — it’s bracing for a showdown between local immunity and international justice.

Hontiveros stood firm, echoing Senate President Tito Sotto’s earlier stance: “By tradition, while the Senate is in session, no members can be arrested inside.” 

It’s a statement that shields her colleagues, but also raises eyebrows. We can’t help but wonder, is this protection about keeping the institution intact — or about keeping powerful men safe?

She admitted the indictment is “a difficult and even painful process for the Senate.” Painful, yes — but also explosive. Imagine the optics: two senators, both Duterte allies, now dragged into a case that has the world’s attention. So will the ICC’s reach stop at our borders, or will it pierce through the walls of the Senate?

Hontiveros clarified that the ICC and local courts are separate tracks: “I think the process in our courts is separate, of course we will go there first, from the ICC.” 

Does this mean we are to expect a tug-of-war between domestic law and international justice? And in that tug-of-war, who wins — the Senate’s tradition or the ICC’s mandate?

She also pointed out that Duterte’s case is different from Go and Dela Rosa’s. 

“In that first arrest, that case was separate from the two you are asking about now. I mean, similar principles should apply,” she said. 

But principles don’t erase the fact that these are sitting senators, and the Senate itself will have to decide how to act when the heat turns up.

For now, there’s no schedule for senators to discuss the issue. 

“I don't think there has been a concrete development yet following that indictment, but if and once there is, I'm sure we senators will continue our discussion about the best stance to take,” Hontiveros added. 

In other words, the Senate is waiting — watching — buying time.

But time is a luxury the public doesn’t have. Every move, every statement, every delay feeds the perception that the powerful are untouchable. And when the ICC is involved, the world is watching too. This isn’t just a local drama — it’s a global test of accountability.

So if senators are untouchable while in session, does that mean justice itself is on pause? Or will the ICC prove that even the most powerful seats in the land can’t escape the weight of accountability?

(Image: Senate of the Philippines | Facebook)