28 Marso 2024, Huwebes

Huwebes Santo

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deepest sympathy to family of the late Elyn Ocampo

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Quiboloy camp asks SC to halt Senate arrest

By Nidz Godino

“Investigation is likewise unlawful and unconstitutional as it encroaches  functions  pertain solely to  judicial branch of government,” petition read, camp of Kingdom of Jesus Christ (KOJC) founder and leader Apollo Quiboloy has asked  Supreme Court (SC) to stop  Senate from enforcing its arrest order against him, calling it “unjust and unconstitutional.”

Senate’s issuance of arrest order was in response to his refusal to appear before  chamber’s committee on women, children, family relations and gender equality  chaired by Sen. Risa Hontiveros  to answer allegations of human trafficking, rape, sexual abuse and violence leveled against him and his sect by former members.

Lawyer  for Quiboloy who declined to be identified said his SC petition was for issuance of  temporary restraining order and/or writ of preliminary injunction to stop  Senate from implementing  arrest order as well as from demanding KOJC leader’s attendance at Senate hearings.

Petitioner  said investigation being conducted by Senate violates Quiboloy’s constitutional rights to due process and against self-incrimination.

He argued  Senate hearings “do not serve any legislative purpose” and that Senate probe was tantamount to usurpation of judicial functions.

Quiboloy’s presence, he claimed, would only be used to initiate cases against him and bolster those already filed in court against the religious leader.

He argued  Senate hearings were “unjust,” as  chamber had already concluded that Quiboloy was guilty of the crimes attributed to him.

“It is evident that respondents are using and abusing their legislative power to secure his conviction in any manner, on  basis of one-sided statements of witnesses, uncorroborated by documentary evidence, sourced and presented by respondents alone,” it added.

Quiboloy’s camp lamented how  Senate hearings have evolved into  “public mockery” of him.

“By compelling petitioner to appear before them, respondents have been violating petitioner’s constitutional rights against self-incrimination and due process,” Quiboloy’s legal counsel said, noting that  Senate continues to investigate  alleged crimes despite knowing that they are already being litigated in courts in the Philippines and in the United States.

Without a TRO or  writ of preliminary injunction, petitioner said nothing would prevent respondents from depriving  KOJC leader of his liberty “based on orders that are unjust and unconstitutional.”

“This petition is yet another challenge to  legislature’s act of usurping judicial functions and flagrantly violating  fundamental human rights of witness/es being summoned to appear before its congressional hearings in  guise of hearings/investigations in aid of legislation,”  petition read.

Quiboloy’s camp cited  recent Supreme Court ruling,  stated  congressional hearings “cannot be punitive in the sense that they cannot result in legally binding deprivation of  person’s life, liberty or property.”

Named respondents in the petition were Hontiveros, Senate President Juan Miguel Zubiri and the Senate sergeant-at-arms.

Hontiveros earlier said  Senate proceedings were not meant to determine Quiboloy’s guilt or innocence, but rather to determine gaps in  laws.

She also assured Quiboloy’s camp of protection of his constitutional rights if he faces her committee, citing precedents where high-profile personalities attended Senate hearings without getting maligned.

Quiboloy is facing criminal charges before trial courts in Davao City and Pasig City over his alleged sexual abuse and qualified human trafficking of  then 17-year-old girl in 2011.

Charges  filed against Quiboloy before  Davao City Regional Trial Court were for violations of Section 5(b) and Section 10(a) of Republic Act 7610,  Special Protection of Children Against Abuse, Exploitation and Discrimination Act.

Case  in Pasig City was for violation of Section 4(a) of RA 9208, Anti-Trafficking Persons Act of 2003,  non-bailable offense.

Earlier this month,  California judge ordered  unsealing of  arrest warrants against Quiboloy and his co-accused.

Cases against Quiboloy involve conspiracy to engage in sex trafficking by force, fraud, coercion, sex trafficking of children, conspiracy and cash smuggling.