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DOJ junked complaint vs Abalos
By Nidz Godino
“The records are barren of any factual or legal basis to sustain prosecution of respondents for offenses charged…their actions, as alleged, fall within realm of lawful performance of duty and are protected by presumption of regularity in official functions,” Department of Justice (DOJ) has dismissed criminal complaints filed by former president Rodrigo Duterte against former interior secretary Benhur Abalos and officials of Philippine National Police (PNP) in connection with manhunt operations conducted at the Kingdom of Jesus Christ compound in Davao City to arrest KOJC head Apollo Quiboloy.
In 12-page resolution, DOJ’s National Prosecution Office found no evidence to establish probable cause for complaint for malicious mischief and violation of domicile filed by Duterte as administrator of KOJC properties against Abalos, PNP chief Rommel Marbil and other police officials.
Complaint alleged large-scale police operation at KOJC compound, where police entered buildings and residences, was “excessive and unjustified” and was done without search warrant or reasonable belief that subjects of arrest were inside.
Some structures were likewise damaged during operations.
Complaint invoked principle of command responsibility, saying senior officers failed to prevent or correct alleged abuses during operation.
Quiboloy was arrested and is now detained in Pasig City on trafficking charge.
In May 13 resolution signed by Assistant State Prosecutor Angelica Laygo-Francisco, DOJ said complaints failed to show elements required to establish probable cause.
It said malice was “strikingly absent,” and that it is “legally insufficient” to say that malice was present based on scale and nature of operation.
Meanwhile, former interior secretary Benhur Abalos said dismissal of malicious mischief complaints filed by former president Rodrigo Duterte against him proves Quiboloy’s arrest was lawful.
DOJ’s ruling, he said, showed no laws were violated in Quiboloy’s arrest.
