DAVAO CITY (MindaNews / 5 Sept)—The Court of Appeals (CA) 22nd Division in Cagayan de Oro City has declared “null and void” the Temporary Protection Order (TPO) issued by Regional Trial Court (RTC) Branch 15 last August 27 in favor of the Kingdom of Jesus Christ.
Policemen outside the KOJC compound. MindaNews file photo by ANTONIO L. COLINA IV
In a five-page resolution promulgated on September 3, the appellate court found that the RTC Branch 15 has acted without authority in taking cognizance of the petition for writ of Amparo.
The TPO was issued as a temporary relief while the RTC Branch 15 is yet to decide on the writ of Amparo petition filed by the KOJC, represented by Executive Pastor Marlon Acobo, and Jose Maria College Foundation Inc. (JMCFI) last July 1 against Interior and Local Government Secretary Benjamin C. Abalos and the Philippine National Police, claiming that the law enforcers “violated or threatened with violation their right to life, liberty, and security.”
Lawyer Israelito Torreon, lead counsel of KOJC, confirmed in a Viber message at 12:41 p.m. on Thursday that he received the CA resolution late Wednesday afternoon.
Torreon told MindaNews that the legal team is set to file an “urgent manifestation/motion for reconsideration” within the day.
“It is unfortunate that we were not even directed by the Court of Appeals before the Resolution was rendered and we took the initiative to file a Comment Ad Cautelam but still the same may not have also been considered so what we will do is to file MR [motion for reconsideration],” he said.
Torreon believed that the resolution from the CA is not yet “final and executory” as they have the right to file “a motion for reconsideration, so the TPO stands.”
Quiboloy is facing charges for alleged child abuse and qualified human trafficking, along with co-accused Jackielyn Roy, Cresente Canada, Paulene Canada, Ingrid Canada, and Sylvia Cemañes. Paulene was arrested last July 11 at her residence in Emily Homes Subdivision in Barangay Cabantian here.
These suspects have two warrants of arrest issued by the Regional Trial Court (RTC)-Branch 12 in Davao City and the RTC in Pasig City last April 3 and April 11, respectively.
Last May 28, the Supreme Court’s Second Division ordered the transfer of the two criminal cases from RTC in Davao to RTC in Quezon City.
The Supreme Court also “directed judges in Davao City and in other stations in Mindanao before whom all future cases, involving accused Apollo (Pastor Apollo C. Quiboloy) and/or his co-accused, may be filed to motu proprio order the transmittal of the records to the Office of the Clerk of Court of the RTC, Quezon City and Metropolitan Trial Court, Quezon City, as the case may be.”
Citing A.M No. 24-04-39-RTC, the SC found “compelling reasons to justify the transfer of venue as the cases involve public interest, with the accused, a well-known religious leader, being influential in the area.”
“As this case could cause local biases and a strong possibility that witnesses cannot freely testify due to fear and influence of the accused, the Court SC) found it prudent and judicious to order the transfer of the cases to Quezon City,” it said.
The CA found that the Amparo petition falls under the scope of the order from SC, as it is closely related to the cases filed against Quiboloy, “considering that what is at stake is the implementation of the warrants of arrest against him and his co-accused.”
“To allow the public respondent to continue hearing the case would certainly circumvent the mandate of the Supreme Court. The public respondent should have stayed his hand in the Amparo Case to prevent any semblance of bias or influence—the very evil sought to be prevented by the Supreme Court Resolution,” the CA said in the order.
The TPO, issued by RTC Branch 15 presiding judge Mario C. Duaves as the public respondent, directed the police to “immediately cease and desist from any act or omission that threatens the life, liberty, or security as well as the properties of the petitioners and to remove all forms of barricades, barriers or blockades that bar the access to and from the subject compound and hinder petitioners’ religious, academic and proprietary rights and pursuits thereof.”
The following day, on August 28, the trial court judge issued a “Supplemental and Clarificatory Order,” stating that the TPO did not cancel or nullify the processes related to the implementation of the warrants of arrest in the criminal cases filed against Quiboloy and his four of five co-accused.
Police operations to arrest Quiboloy and his co-accused at the KOJC compound entered Day 13 on Thursday. (Antonio L. Colina IV / MindaNews)
