CA voids Davao court鈥檚 protection order to KJC
INQUIRER FILES
DAVAO CITY—The Court of Appeals in Cagayan de Oro City has declared as “null and void” the temporary protection order (TPO) issued on Aug. 27 by a court here based on a writ of amparo filed by members of the Kingdom of Jesus Christ (KJC), whose leader, pastor Apollo Quiboloy, has been in hiding after he was ordered arrested on charges of sexual abuse, child abuse, and human trafficking.
Law enforcers have been searching for the past 13 days for the fugitive televangelist within the compound, the latest attempt by authorities to arrest the pastor. In July – or a month after the June 10 police raid that followers claimed to be excessive – followers filed the writ of amparo, prompting the Davao court to issue a protection order on the third day of the ongoing standoff at the KOJC compound.
Associate Justice Ana Marie Mas of the appellate court’s Second Division ruled that Judge Mario Duaves of the Davao Regional Trial Court Branch 15 had no authority to issue the TPO since the case against Quiboloy was already moved to a Quezon City court in May.
The appeals court issued the resolution after a petition for certiorari, prohibition, and mandamus was filed by Interior Secretary Benjamin Abalos Jr. and top officials of the Philippine National Police, through the Office of the Solicitor General.
The court said the writ of amparo case was closely intertwined with the case pending against Quiboloy, considering that “what is at stake is the implementation of the warrants of arrest against him” and four of his co-accused.
Article continues after this advertisementCovered by SC order
“Hence, such a case is within the coverage of the … Supreme Court resolution,” it added. On May 27 this year, the high tribunal ordered the transfer of the sexual abuse and child abuse case against Quiboloy in Davao City to a Quezon City court, citing his position of power in the area that could cause “local biases” and the “strong possibility that witnesses cannot freely testify because of fear” and his influence.
Article continues after this advertisementLawyer Israelito Torreon, Quiboloy’s lead counsel, said they received the court’s order on Wednesday.
“We are filing a motion for reconsideration if only to emphasize the fact that the individual members of the KJC and the officers and students of the Jose Maria College (JMC) are not covered by the Supreme Court order transferring the venue of the cases against Pastor Quiboloy,” Torreon said.
“They are third persons not affected by the SC order and entitled by law to seek immediate and inexpensive judicial relief in cases of violations of their constitutional rights,” he added.
Torreon said their members, including students and other citizens, should not be made to “go to Quezon City just to obtain judicial relief.”
Senators arriving Friday
This developed as the police and KOJC camp prepared for the arrival of senators here on Friday to continue an investigation into the police’s alleged use of “excessive” force in their ongoing search for Quiboloy.
On Thursday, the city’s building official and city legal officer tried to enter the basement of the JMC building to check if there were really diggings going on, following Torreon’s request for a “cease and desist order” to stop the supposed tunneling activity. But they were denied entry by the police.
Davao City’s building official also earlier turned down the police’s request to get a copy of the building plans and layout of structures within the KOJC compound.
Police Brig. Gen. Nicolas Torre III said the police had been encountering stiff resistance from Quiboloy’s followers and lawyers every step of the way in their search for him. “We work under those challenges,” he added.
