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Quiboloy still has to attend Senate probe – Carpio
By J.Lo
“Kapag sinubpoena ka ng Senado o Congress …House of Representatives, o committee na nila…you have to appear, hindi pwedeng sabihin mo na ‘that will violate my constitutional rights…’ that’s premature,” Former Supreme Court (SC) senior associate Justice Antonio Carpio said doomsday preacher Apollo Quiboloy is required to attend investigations in both houses of Congress against him.
Citing ruling of SC, former magistrate said that every citizen of the Philippines must respond and testify to subpoena issued by Congress and its committees.
On March 15, Quiboloy’s camp sent letter to Senator Risa Hontiveros, chair of Senate Committee on Women, Children, Family Relations, and Gender Equality, in response to show-cause order issued on March 12 regarding probe into alleged abuses involving him and his organization, Kingdom of Jesus Christ.
In the letter, preacher’s camp argued appearing in Senate probe would violate Quiboloy’s constitutional rights, preacher’s right against self-incrimination.
This prompted Hontiveros to ask Senate to issue arrest warrant against the preacher, signed by Senate President Juan Miguel Zubiri on March 19.
Carpio also explained Quiboloy can only invoke his right against self-incrimination if an incriminating question has been asked during investigation.
“Kasi ang right against self-incrimination, you’ll be asked question where answer will incriminate you,” the magistrate said.
“Hindi pwedeng before you appear, sasabihin mo na there’s a question calling for self-incriminating answer,” he stressed.
Right against self-incrimination is recognized and protected under Article III, Section 17 of the 1987 Constitution, states “no person shall be compelled to be witness against himself.”
This means that individuals cannot be forced to testify or provide evidence that could incriminate them in criminal case.
Quiboloy’s camp has also asked SC on March 25 to stop Senate from enforcing arrest warrant against preacher calling it “unjust and unconstitutional.”
The preacher is currently facing criminal charges in Davao City and Pasig City trial courts for allegedly sexually abusing 17-year-old girl in 2011, with charges including human trafficking.
The Davao City case pertains to violations of Special Protection of Children Against Abuse, Exploitation, and Discrimination Act, while Pasig City case relates to Anti-Trafficking in Persons Act.
Recently, California judge ordered unsealing of arrest warrants for Quiboloy and his co-accused, involving charges such as conspiracy to engage in sex trafficking, sex trafficking of children and cash smuggling.
For the past weeks, doomsday preacher Apollo Quiboloy has dominated headlines amid his involvement in various issues.
Quiboloy, claims title “Appointed Son of God” with purported millions of followers in the Philippines, is currently facing legal challenges implicating his church and himself.
He is known as close ally of former President Rodrigo Duterte, who backed the 2016 candidacy of the former top leader.
Facing many legal problems, “Appointed Son of God” is dealing with them from his prayer mountain, as challenges keep growing.
“How does he plan to resolve his cases,” Quiboloy’s legal counsel, Ferdinand Topacio, responded by citing Bible verses and saying, “With lot of prayers.”
“This is what is happening to Pastor Quiboloy at the hands of this government,” Topacio shared in an online message with media, drawing parallels between challenges faced by Quiboloy and persecution of apostles of Jesus Christ.
Here’s summary of ongoing legal cases against Quiboloy, will be updated as cases proceed.
US court offenses:
- Conspiracy to engage in sex trafficking
- Sex trafficking of children
- Sex trafficking by force, fraud and coercion
- Conspiracy
- Bulk cash smuggling
Legal hurdles extend beyond “Appointed Son of God” in the Philippines. He also confronts charges in another country, where he claims that President Ferdinand Marcos Jr. colluded to plot his alleged assassination.
On Nov. 10, 2021, federal warrant for Quiboloy’s arrest was issued. Charges stemmed from alleged scheme exploited members of Kingdom of Jesus Christ (KOJC), church founded by Quiboloy, by bringing them to US through fraudulently obtained visas.
Indictment outlined accusations of forced solicitation for fictitious charity, diverting funds to support church’s operations and leaders’ lavish lifestyles. It also detailed disturbing aspects, including coerced sham marriages and fraudulent visas for continued solicitation.
Female recruits, called “pastorals,” were allegedly subjected to exploitative conditions, serving Quiboloy in various capacities, with coercive “night duty” involving sexual activities.
In February 2022, United States Federal Bureau of Investigation placed doomsday preacher on the most wanted list for “his alleged participation in labor trafficking scheme.”
Justice Secretary Jesus Crispin Remulla said Philippine government has not received extradition request from US for Quiboloy.
Remulla explained such requests must navigate various channels within US government, and process involves going through Department of Foreign Affairs before reaching Department of Justice (DOJ).
Senate of the Philippines offenses:
- Human trafficking
- Labor violations
- Sex-related offenses
Sen. Risa Hontiveros, chair of Senate Committee on Women, Children, Family Relations and Gender Equality, initiated a Senate investigation by filing Resolution 884 on Dec. 11, 2023. This is to examine reported “large-scale human trafficking, rape, sexual abuse, violence, and child abuse” within KOJC.
Hontiveros highlighted need of local investigation, citing Quiboloy’s 2021 indictment in the US. Reported abuses fall within Philippines’ territorial jurisdiction.
Several hearings were conducted to probe alleged abuses within Quiboloy’s church. During first session, five former KOJC members provided testimony, detailing instances of sexual abuse, coercion, exploitation, and physical punishments within the organization.
In subsequent hearing, witness disclosed alleged instances of Quiboloy providing firearms to then President Duterte and Mayor Sara Duterte-Carpio. More claims surfaced, including fake scholarships, forced almsgiving, and Sonshine Media Network International (SMNI) employees not receiving their compensation.
Quiboloy refused to appear in any Senate inquiry, opting to address allegations through legal proceedings.
This prompted Hontiveros, to cite the preacher in contempt. The senator also called for Quiboloy’s arrest.
Sen. Robin Padilla objected to the motion for contempt, causing delay in issuance of arrest warrant, as Padilla’s motion must be addressed first, according to Quiboloy’s lawyer, Melanio Balayan.
Following Padilla’s objection on Quiboloy’s arrest, he said five senators have signed written manifestation, objecting Senate arrest on doomsday preacher. Among senators who initially signed to block Quiboloy’s arrest besides Padilla are: Cynthia Villar, Imee Marcos, Bong Go and JV Ejercito.
To block issuance of arrest warrant against Quiboloy, Padilla needs at least eight senators for support, as Rules of Procedures for Governing Inquiry in Aid of Legislation stipulate that majority of committee members may reverse or modify order of contempt within seven days.
Ejercito later on withdrew his signature upon learning DOJ had decided to pursue charges against Quiboloy. In letter explaining his decision, Ejercito said preacher should face charges to prove his innocence and uphold principles of due process.
On March 11, Padilla filed Senate resolution seeking to investigate imposition of indefinite suspension order of NTC on SMNI. Padilla called suspension order “baseless” and “denial of due process” an “erosion of press freedom.”
On March 13, another show-cause order has been handed down by Senate panel after snubbing previous summons. Committee issued three invitations to the doomsday preacher dated January 23, February 19 and March 5.
Meanwhile, deadline to block Quiboloy’s contempt order has lapsed on March 12.
Padilla said he only secured five signatures to the written objection to thwart contempt order. The last senator who signed is Mark Villar, the son of Cynthia Villar who said Quiboloy is friend to their family on March 7.
On March 15, Quiboloy’s camp sent letter to Senate panel saying appearance to Senate probe violates preacher’s constitutional rights. Hontiveros rejected “justifications” sent by Quiboloy’s camp and asked Senate to issue warrant of arrest against him.
On March 19, Zubiri signed warrant of arrest against preacher.
House of Representatives offense: Franchise violations of Sonshine Media Network International
On Dec.11 2023, 1-Rider Party-list Rep. Rodge Gutierrez filed House Bill (HB) No. 9710 aimed to revoke legislative franchise granted to SMNI.
Bill highlighted multiple infractions by SMNI within its franchise, particularly dissemination of prohibited false information as outlined in Section 4 of franchise law.
Quiboloy, being owner of SMNI, was sent multiple invitations for House committee probe he failed to attend. Committee hearings were conducted on Dec. 5 to 11, 2023, and Feb. 7, 2024.
House committee on legislative franchises, headed by Parañaque Rep. Gus Tambunting, issued subpoena on Feb. 19, 2024, ordering Quiboloy to personally appear before inquiry on SMNI’s alleged violations.
On February 7, Tambunting panel voted to issue subpoena to Quiboloy concerning persistent defiance of SMNI despite temporary shutdown order from National Telecommunications Commission (NTC).
Rep. Johnny Pimentel (second district of Surigao del Sur), vice chairman of House committee on legislative franchises warned Quiboloy’s failure to comply with House of Representatives’ March 12 subpoena may jeopardize continued operation of SMNI.
Pimentel said if Quiboloy fails to attend next hearing on March 12, they will have no choice but to cite him in contempt, leading to order for his immediate arrest.
On March 8, Topacio, preacher’s general legal counsel, sent letter to Tambunting panel, saying Quiboloy is not involved in the management and operations of SMNI when network’s franchise was renewed on Aug. 22, 2019.
Marlon Acobo replaced Quiboloy as executive pastor of KOJC, according to Topacio’s letter. This development, according to Topacio, has made Quiboloy “Honorary Chairman” of the network.
He also said information has been made known to Securities and Exchange Commission in filing dated Dec. 19 2022 and was reflected in network’s articles of incorporation on Jan. 4, 2023.
On March 12, House committee on legislative franchises cited Quiboloy in contempt as he failed to appear before panel for hearing on proposal to revoke franchise of SMNI.
Panel also approved House Bill 9710 seeks to revoke franchise of Swara Sug Media Corp. which operates SMNI.
National Telecommunications Commission offense: Franchise violations of Swara Sug Media Corp.
House of Representatives, through House Resolution No. 189, urged National Telecommunications Commission (NTC) to suspend business of Swara Sug Media Corp., which operates SMNI, for allegedly violating terms and conditions of its franchise under Republic Act 11422.
NTC handed down suspension order in December 2023 but was ignored by the network. This prompted commission to slap indefinite suspension of operation of the radio and television stations of SMNI due to its non-compliance
Rather than submitting response, SMNI requested commission to clarify and elaborate on violations it purportedly committed regarding its Certificate of Public Convenience.
NTC denied this request, stating show cause order had already clearly and explicitly outlined alleged acts committed by the media network.
SMNI’s lawyers appealed NTC suspension to Supreme Court, while its hosts, along with former presidential spokesman Harry Roque, also appealed suspension before high court.
Despite suspension of its broadcast mediums, SMNI lawyers said network will continue to operate on social media as it is not covered by suspension.
In July 2023, however, social media accounts related to Quiboloy were taken down by Google and Facebook.
SMNI’s videos are currently being uploaded to online video platform Rumble, as their X account (formerly Twitter) remains active.
Movie and Television Review and Classification Board offense: Violation of MTRCB Law and its implementing rules and regulations for the utterance of cuss words
Movie and Television Review and Classification Board (MTRCB) suspended two of SMNI’s shows aired unverified information and death threats.
One show was hosted by Lorraine Badoy, former spokesperson of government anti-insurgency task force, and Jeffrey Celiz who claimed Speaker Martin Romualdez spent P1.8 billion on foreign travel between January and October 2023.
Another show, “Gikan sa Masa, Para sa Masa”, hosted both by Rodrigo Duterte and Quiboloy, was suspended after former president made death threats against Rep. France Castro (ACT-Teachers), who scrutinized confidential and intelligence funds of Vice President and Education Secretary Sara Duterte.
Decision has been appealed by SMNI’s lawyers before MTRCB but was dismissed on Jan. 25, 2024.
In message with media, one of SMNI’s lawyers, Rolex Suplico, said their camp will appeal MTRCB decision before Office of the President through petition for review.
Department of Justice offenses:
- Sexual abuse of a minor
- Qualified human trafficking
In June 2020, Davao City Prosecutor’s Office dismissed charges of rape, child abuse under RA 7610, physical abuse, trafficking in persons through forced labor, and trafficking in persons through sexual abuse against Quiboloy and five others.
Complainant was former member of KOJC who accused Quiboloy of raping her in 2014. Petition for review of complaint was submiited to DOJ.
On March 4, Justice department had reversed dismissal of Quiboloy’s 2020 case by Davao City Prosecutor’s Office.
It has ordered filing of case for violation of Republic Act 7610 or Anti-Child Abuse Law, which mentions provision of sexual abuse of minor.
Another case of qualified human trafficking, non-bailable, is to be filed before Pasig City court according to Remulla.
The justice chief also said GOJ has signed preliminary hold departure order against the preacher, as well as lookout bulletin order to prevent Quiboloy from fleeing the country.
Balayan, Quiboloy’s lawyer, stated that while they might not agree with future findings, they believe DOJ’s actions are “correct”.
“We might not agree with findings but that is the proper procedure, yan po ang tamang proseso, kasi kapag nadala na po sa judiciary…’yung mga dokumento po ay mahihimay-himay, ‘yung mga bawat details po ng kanilang witnesses, sinumpaang salaysay, ay under scrutiny po ng magkabilang panig” he said in interview.
According to Section 6 of Article 110 of Revised Rules of Criminal Procedure, judge may issue warrant of arrest to an individual once it finds probable cause on the accused.
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