THE Court of Appeals (CA) has declared as null and void the Temporary Protection Order (TPO) issued by a Davao city regional trial court in favor of the Kingdom of Jesus Christ (KOJC) whose founder, Apollo Quiboloy, is now on the run from authorities over child and sexual abuse and qualified human trafficking cases.
In a 5-page order dated September 3, the appellate court’s 22nd Division in Cagayan de Oro City held that the issuance of the TPO by Davao City RTC Branch 15 Presiding Judge Mario Duaves has no basis.
The TPO directed the PNP to remove all barricades, barriers and obstacles that restrain KOJC members from going in and out of the religious group’s compound located along Sasa Highway in Davao City.
It also directed the PNP to stop any act that “threatens the life, liberty or security” of the religious group’s members, but clarified that the order does not cancel or nullify the processes related to the service of the warrants of arrest issued against Quiboloy and his co-accused.
The PNP complied with the court order and removed all barricades in the perimeter of the 30-hectare KOJC compound but continued with its search of the property, which entered its 13th day yesterday.
The KOJC has applied for a writ of amparo with the trial court to stop the continuing manhunt for the pastor, which Interior Secretary Benjamin Abalos, PNP chief Gen. Rommel Marbil and PNP Region XI Director General Nicolas Torre III questioned before the CA.
The petitioners cited a Supreme Court resolution directing trial court judges in Davao City and other stations in Mindanao to transmit the records of cases involving Quiboloy to the Quezon City RTC, or the Office of the Clerk of Court of the Quezon City Metropolitan Trial Court.
In its ruling, the appellate court sided with the arguments raised by the petitioners and said that Duaves acted with lack of authority or want of legal power in continuing to act on the amparo case before it.
“The Court finds that the public respondent, RTC Branch 15, Davao City, has acted without authority in taking cognizance of the amparo case. It follows that the issuance of the TPO has no basis,” the CA said.
“There is no denying that the amparo case is closely intertwined with the cases filed against Quiboloy considering that what is at stake is the implementation of the warrants of arrest against the latter and his co-accused. Hence, such a case is within the coverage of the afore-mentioned Supreme Court resolution,” it added.
The appellate court also held that to allow the Davao court to continue hearing the case would circumvent the SC decision.
“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. Wherefore, premises considered, the TPO dated August 27, 2024 is hereby declared null and void,” the CA ruled.
It directed the Davao court to “immediately transmit” the entire records of the KOJC case to the Office of the Clerk of Court of the Quezon City RTC.
Quiboloy is facing charges for alleged violation of Republic Act 7610 or the Special Protection of Children Against Abuse, Exploitation, and Discrimination Act and qualified human trafficking, which is a non-bailable offense.
He was also indicted by a California court in 2021 for allegedly conspiring to engage in sex trafficking and has an active arrest warrant in the US issued on November 10, 2021, according to the Federal Bureau of Investigation.
Quiboloy has denied the accusations, but went into hiding and has remained at large to this day.
‘NO POLITICS’
Torre, in a video message posted on the Facebook page of the Davao region police on Wednesday, denounced what he said are attempts to politicize the ongoing efforts to search and arrest Quiboloy as he urged the public to resist such attempts and support the fair application of justice.
“We strongly condemn the attempts to politicize the service of the warrants of arrest against Apollo Quiboloy and his co-accused,” Torre said, without identifying those who are involved in the attempt.
Thousands of policemen swooped down at the KOJC compound last August 24 to serve arrest warrants against Quiboloy and his co-accused.
Police believe Quiboloy and the others are hiding at an underground facility inside the property. However, authorities are still locating the entrance to the facility where heartbeats were detected by ground-penetrating radars.
Torre stressed that the ongoing operation is part of a legal process “and it has nothing to do with politics.”
“We are calling on these groups to stop their baseless accusations and respect the legal process,” he said, adding that the PNP’s commitment to justice and transparency remains to be firm.
“We urge the public to fight this politically motivated misinformation and support the fair application of justice,” he also said.
Supporters of Quiboloy continue to resist the ongoing police search at the KOJC compound. They have been clamoring justice for their leader, who they said are innocent of the charges levelled against him.
“I repeat, real justice is not attained on the streets or social media. It is achieved before the courts,” said Torre.
To achieve justice, Torre said an accused should submit himself to the jurisdiction of the court.
“That is why I am calling on Apollo Carreon Quiboloy to surrender so all these can end,” he said, referring to the ongoing police effort to find and arrest Quiboloy.
OCULAR INSPECTION
Meanwhile, Davao region police spokesperson Maj. Catherine Dela Rey welcomed the plan of the Senate to conduct a public hearing and ocular inspection at the KOJC compound.
Dela Rey said they are “fully committed to supporting and assisting” the conduct of the public hearing and inspection.
“We recognize the importance of this process in upholding the principles of transparency and accountability within law enforcement,” she said.
“Our officers and staff are prepared to provide all necessary information and facilitate access to relevant records and locations to ensure a thorough and comprehensive review,” she also said.
Dela Rey said the process is an “important opportunity for open dialogue and constructive engagement,” also saying that their cooperation will “address any concerns and demonstrate that our practices adhere to legal and ethical standards.”
“Our goal is to reinforce public trust in our agency by showcasing our commitment to lawful and responsible policing. We believe that through this collaborative effort, we can work together to enhance the integrity and effectiveness of our operations,” she said.
On the alleged leak of vital information related to the ongoing operation, Dela Rey said the PNP is following protocols and standard operating procedures.
“This commitment ensures that all actions and decisions are made in accordance with the highest standards of operational integrity and security,” she said.
Dela Rey said they are an investigation is ongoing to determine if vital information were indeed leaked to the public.
“In response to this development, an investigation has been initiated to verify the authenticity of the leaked data. The authorities are conducting a comprehensive review to ascertain whether the data leak is legitimate or if it may be a false claim or misinformation,” said Dela Rey. — With Victor Reyes
