29/05/2026
FORCE MAJEURE AND THE ONLINE ATTENDANCE OF SENATOR RONALD “BATO” DELA ROSA
The imminent threat to the liberty of Senator Ronald “Bato” Dela Rosa arising from the possible enforcement of an ICC warrant by Philippine government authorities constitutes, at the very least, a supervening governmental restraint amounting to legal impossibility or a force-majeure-like circumstance.
Under Senate rules, online attendance may be allowed in cases of force majeure or national emergency. Force majeure should not be confined only to natural calamities or physical disasters. It may also include extraordinary events beyond the control of a Senator that prevent his physical attendance without compelling him to surrender constitutional rights, expose himself to arrest, or submit to an allegedly unconstitutional process.
Where the State itself creates an imminent threat of arrest, detention, or deprivation of liberty, the affected Senator’s physical absence cannot be treated as voluntary neglect of duty. Rather, it is the direct consequence of a coercive governmental act beyond his control.
Senator Dela Rosa remains an elected Senator of the Republic. His mandate comes from the Filipino people. Unless and until he is lawfully removed, suspended, or disqualified in accordance with the Constitution and law, he retains the right and duty to participate in Senate proceedings.
Thus, allowing his attendance through online or remote means is not a privilege; it is a constitutional accommodation necessary to preserve representation, legislative participation, due process, and the sovereign will of the electorate.
The Constitution must prevail over any enforcement measure that threatens to impair the functioning of the Senate or silence the vote of an elected Senator.
END.