Ben Madilynn
The court order, which was signed by RTC Branch 15 Presiding Judge Mario C. Duaves, states that “the issued TPO did not cancel or nullify the processes related to warrants of arrest. Both serve different purposes and are not contradictory with each other.”
It also stated that the country’s laws and jurisprudence mandate that the enforcement of the arrest warrant “should be necessary and reasonable.”
“Any act beyond its usual prescription must be with judicial imprimatur before it is carried out,” the order clearly stated.
The court order added that it must be directed immediately to “any senior commanding PNP-11 officers present within the premises of KOJC and Jose Maria College Foundation Inc. (JMCFI) and at their regional office.”
The TPO filed by the KOJC against the police was granted on Tuesday, August 27, ordering the PNP personnel to remove barriers and ‘cease’ the security blockades around the KOJC central compound, particularly in its external areas fronting the JMC.
However, both parties have different views and interpretations on the order as Police Regional Office-Davao Region (PRO-Davao) director Brig. Gen. Nicolas Torre III during a press conference at PRO-Davao headquarters on the same day told the media and Torroen that their police authorities will still continue the search operation and augment troops within the property despite the TPO issuance.
As of the present, Torre has not made any decisions to pull out thousands of police officers at the KOJC central compound
Davao police seek deployment of more personnel
Meanwhile, the Police Regional Office-Davao (PRO-Davao) has sought assistance from neighboring police units to augment the personnel deployed amid the ongoing manhunt against Kingdom of Jesus Christ (KOJC) fugitive leader Pastor Apollo Quiboloy.
In a telephone interview with reporters, Brigadier General Rhoderick Augustus Alba, directorate for Police Community Relations Group and spokesperson of Special Task Group Teknon Alpha, said personnel from PRO 10 (Northern Mindanao), 12 (Soccsskrgen), and 13 (Caraga) were sent to Davao City to take part in the efforts, which aims to arrest the sect leader who is facing charges of human trafficking and child and sexual abuse.
“Because PRO 11 has enough resources in terms of human and material resources considering this high profile case involving the leader of a big church group. It really needs support from other units. The area is too big compared to Camp Crame actually approximately 32 hectares so the more than 2,000 personnel deployed is in fact not enough. If we search every area inside the compound, our police officers are also human beings. They need to rest and sleep and also need to be substituted as we need support from other PNP units,” he said.
He said more policemen are also needed for the maintenance of peace and order in the KOJC compound which the police have been searching since Saturday, August 24.
Alba also appeals to the members of KOJC, emphasizing that the police are not targeting them or the church but are focusing on individuals with existing warrants of arrest (WOAs) issued by a court.
Meanwhile, PNP chief General Rommel Francisco Marbil stood firm that the manhunt operations will continue despite the temporary protection order (TPO) issued by the Davao Regional Trial Court (RTC) Branch 15, which orders the Davao PNP to remove the barricades and blockades set up at the points of entry and exits of the KOJC compound.
“It is important to clarify that the TPO does not hinder the enforcement of the lawful arrest warrants issued against KOJC leader Pastor Apollo Quiboloy and four others. As affirmed by the Supreme Court, this order does not obstruct the PNP’s duty to serve these warrants, and we will continue to do so with the highest respect for legal procedures and human rights,” Marbil said.
He said the actions taken by the PNP, including the establishment of security measures around the KOJC compound, are solely in line with the PNP’s responsibility to execute these court orders and these measures are not intended to infringe upon the rights or freedoms of KOJC members but are necessary for the proper and lawful execution of justice.
Marbil said the PNP is steadfast in its commitment to uphold the rule of law and the integrity of the justice system.
“We assure the public that our operations are guided by these principles, and we will continue to act in the interest of justice, always mindful of our duty to protect and serve,” Marbil added.
Commission on Human Rights Chairperson Lawyer Richard Palpal-latoc, in a recent interview, emphasized the PNP’s duty to enforce arrest warrants, underscoring the necessity of adhering to legal protocols.
“As soon as the warrant of arrest is issued by the court, the police officers should enforce the warrant, by enforcing meaning they will seek, search for this person, arrest him, and bring him to the court,” Palpal-latoc said.
Palpal-latoc also clarified the distinction between an arrest warrant, which directs police to apprehend an individual and bring them before the court, and a search warrant, which allows police to search a location for evidence.
He said this distinction is crucial for understanding the PNP’s operational procedures.
Addressing concerns over the scale of the police operation, Palpal-latoc noted, “It depends on the situation. As long as the police officers are performing their duties in accordance with the law, following police operational procedures, and adhering to human rights principles, there should be no issue.”
He maintained that the number of officers deployed should be proportionate to the situation, stressing that the PNP’s actions must comply with both legal standards and human rights protocols.
Meanwhile, the Volunteer Against Crime and Corruption and Akbayan have urged the public to support the PNP’s efforts to bring Quiboloy to justice, emphasizing that even those who claim to be the “Appointed Son of God” are not above the law.
VACC President Boy Evangelista stressed the importance of the PNP’s role in maintaining the rule of law.
“If they do not implement the court’s orders, it undermines the very foundation of the rule of law. The VACC stands firm that nobody is above the law, because if exemptions are made, the law loses its meaning,” he said.
Akbayan President Rafaela David echoed this sentiment, pointing to Quiboloy’s clear attempts to evade justice.
“His refusal to attend Senate summons and his actions make it evident that he is hiding from the law. Quiboloy is a wanted fugitive facing serious allegations, including sexual offenses and human trafficking. It is crucial that he faces justice and answers for these grave accusations,” David said.
David also criticized recent statements from Vice President Sara Duterte and former President Rodrigo Duterte, who have questioned the PNP’s actions under the pretense of defending human rights.
“There’s a deep sense of irony here. During the height of extrajudicial killings in the previous administration, when there were blatant abuses of power, the Duterte camp remained silent on human rights violations. Now, their sudden concern for human rights seems less about justice and more about protecting their allies,” she added.
Evangelista and David emphasized that the PNP is fulfilling its rightful duty by holding a wanted fugitive accountable, regardless of Quiboloy’s influence. They argued that the actions against Quiboloy are a testament to the PNP’s commitment to ensuring that justice is served. DEF with SNS
