DAVAO CITY (MindaNews / 16 June) — The legal team of the Kingdom of Jesus Christ (KOJC) maintained that the serving of warrants of arrest last June 10 was illegal as the law enforcers did not inform former President Rodrigo R. Duterte, who is administrator of the KOJC properties, that they were serving the warrant of arrest on Pastor Apollo C. Quiboloy and five other co-accused.
In a press conference broadcast over the Facebook page of SMNI on Saturday, lawyer Israelito Torreon, dean of the KOJC’s Jose Maria College-College of Law and Quiboloy’s counsel, said the proper rules in implementing the arrest warrants were not followed because Duterte should have been informed first about the serving of warrants and only when there is refusal can the arresting officers break into the KOJC’s properties.
Members of the Philippine National Police serve the arrest warrants against fugitive preacher Pastor Apollo Quiboloy at the Kingdom of Jesus Christ compound in Buhangin, Davao City on Monday, 10 June 2024. MindaNews photo by IAN CARL ESPINOSA
Duterte was appointed as administrator of KOJC properties last March 8 after its founder, Quiboloy, went into hiding amid the serious criminal charges against him in the Philippines and the United States. Quiboloy is Duterte’s friend and spiritual adviser.
In a statement last June 10, Duterte condemned the use of excessive and unnecessary force in serving the arrest warrants against Quiboloy, which occurred within a place of worship and on school premises.
“Will this overkill be the trademark of this administration when dealing with individuals who are merely accused of committing a crime and have not been proven guilty beyond reasonable doubt? Will they exhibit the same lack of self-restraint they have shown towards critics of this administration when dealing with their supporters?” he said.
He asked how the current Marcos administration could guarantee the preservation of constitutional rights when “even the most fundamental of these rights are being trampled upon and blatantly violated.”
Torreon said that as an exception to this rule, police can break into a particular place, provided that they have a “reasonable belief” that the person to be arrested was hiding there.
He claimed there was absence of reasonable belief since the warrants were simultaneously implemented in different places, particularly at the KOJC compound in Buhangin and Prayer Mountain and Glory Mountain in Barangay Tamayong, Calinan, District, this city.
Another lawyer, Dinah Fuentes, added that law enforcers were allowed to enter KJOC compound when the counsels were presented with arrest warrants against Quiboloy and his five other co-accused.
The places searched were Jose Maria College, a bible school, Kingdome, and hangar, which are all located at the KOJC compound.
“If they had reasonable suspicion that pastor was really in the central compound, why did they go to the other three compounds? If they had reasonable suspicion that pastor was in Glory Mountain, why did they go to the other three compounds?” she said.
Torreon said law enforcers immediately placed ladders and climbed over the gates of the KOJC compound and broke the fences at the Glory Mountain without permission from the KOJC administrator in violation of the members’ property rights.
Police were supposed to serve the arrest warrants at 5:35 a.m. last June 10 on Quiboloy and Jackielyn Roy, Cresente Canada, Paulene Canada, Ingrid Canada, and Sylvia Cemañes, his co-accused in the criminal charge for human trafficking.
The operations resulted in the commotion between followers and law enforcers.
Police major Catherine Dela Rey , Police Regional Office (PRO)-Davao spokesperson, told reporters at the Davao Peace and Security Press Conference on Wednesday, that law enforcers remained composed and demonstrated “maximum tolerance” throughout police operations despite the alleged assault on them by the followers of Quiboloy.
Dela Rey said that police enforcers were sprayed with “water cannon” outside KOJC Compound while some of the officers serving the warrants in Barangay Tamayong were reportedly assaulted and threatened with bolos after breaking in at Quiboloy’s property.
Dela Rey maintained that the simultaneous police operations were conducted in compliance with lawful order of the court.
Torreon maintained that members of KOJC members employed “reasonable use of force” as they were merely defending properties of the sect from the unlawful police operations.
“It was a reasonable use of force in order to defend the property of KOJC. If they got wet (after being sprayed with water), that is a proper exercise of ‘defense of property’ kay ang tigas tigas ng ulo, hindi naman nag seminar kung pano amg implement ng warrant of arrest (because you are hard-headed, you did not attend a seminar on how to implement a warrant of arrest),” he said.
Invoking the “Doctrine of Self-Help” under Article 429 of the New Civil Code, Torreon said that owner or lawful possessor may use force as “may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property.”
“The Glory Mountain is owned by the KOJC, The Name Above Every Name, (Inc. Therefore, it is also owned by the members. So, when there was violation of Rule 113 Section 11, you are therefore violating the property rights of the members of KOJC,” he said.
Section 11 provides “an officer, in order to make an arrest either by virtue of a warrant, may break into any building or enclosure where the person to be arrested is or is reasonably believed to be, if he is refused admittance, thereto, after announcing his authority and purpose.”
“In other words, this is not just the about excessive use of force. What they (police) did on that day was really illegal,” he said.
He said the authorities conducting the operation at Glory Mountain in Tamayong presented an arrest warrant with address at the KOJC compound in Buhangin.
“You cannot use the warrant of arrest with address in Buhangin to cause the destruction of the properties in Glory Mountain,” he said.
In a statement on Wednesday, the Police Regional Office-Davao said the operations were conducted with “the utmost consideration for safety and regularity, following strict protocols to minimize disruption and ensure the safety of the public.”
It said that under the established rules of engagement and operational procedures, police personnel “carry basic police equipment as part and mandated by our police operational procedures such as but not limited to issued firearms, restraining devices, personal protective equipment, and other accessories required for a particular type of operation being conducted.” (Antonio L. Colina IV / MindaNews)