Supreme Court urged to dismiss Quiboloy petition

MANILA, Philippines — State lawyers have asked the Supreme Court (SC) to dismiss the petition filed by the camp of fugitive pastor Apollo Quiboloy to stop the Senate from enforcing its order to arrest him for not attending the hearings on allegations of sex abuses and human trafficking leveled against him.

In a 45-page comment dated July 8, the Senate, through the Office of the Solicitor General (OSG), noted that every Filipino citizen or ranking government official is duty-bound to appear before legislative investigations.

“Petitioner (Quiboloy), however, seeks to carve out an exception for himself. Armed with only a speculative and misguided claim, he has the temerity to seek judicial succor even as he is openly and obstinately defying the authority of not one but two great branches of the government,” the comment read.

“No other citizen in the history of the Senate’s exercise of this power has acted in such arrogant, recalcitrant, and contumacious manner,” it added.

Quiboloy earlier filed a petition before the SC seeking a temporary restraining order and/or writ of preliminary injunction against the Senate, which issued an arrest warrant against him for his continued refusal to appear before the hearings of the committee on women, children, family relations and gender equality, chaired by Sen. Risa Hontiveros on allegations of human trafficking, rape, sexual abuse and violence in the Kingdom of Jesus Christ, which he founded.

The KOJC leader then asked the SC to declare the subpoenas and the arrest warrant null and void and prohibit the Senate from compelling him to attend the Senate hearings.

In asking the SC to junk Quiboloy’s petition, the OSG refuted the sect leader’s claim that the Senate hearings do not serve any legislative purpose and that they just seek to investigate him of alleged crimes, thus tantamount to usurpation of judicial functions.

But the OSG said the Senate panel, through Resolution No. 884, aims to address reported cases of large-scale human trafficking, rape, sexual abuse and violence, and child abuse “and how gaping holes in Philippine law, if any, may be addressed through amendatory legislation.”

“Since legitimate legislative purpose is presumed, respondent Senate respectfully submits that it is not proper for the Honorable Court to determine the intent behind the conduct of the Senate inquiry especially when petitioner himself failed to overcome the presumption,” the OSG said.

For legislative purpose only

The Senate panel’s inquiry will also neither lead to Quiboloy’s indictment nor result in a pronouncement of his guilt since any information gathered during the hearings would be used solely for legislative purpose.

“The respondent Committee is not required to show how petitioner’s testimony could result in potential legislation. What must be examined is the totality of the information elicited from one particular witness,” the OSG said.

State lawyers also argued that Quiboloy cannot invoke his constitutional right against self-incrimination because the right may only be claimed by an accused in a criminal proceeding.

“In this case, petitioner is being summoned as a resource person in a Senate inquiry and not as an accused in a criminal trial; hence, his attendance is mandatory,” the OSG said.

The OSG also argued that Quiboloy is not entitled to seek relief “as he comes to court with unclean hands for adamantly refusing to attend the Senate hearings and publicly disparaged the proceedings as ‘bogus’ and ‘incriminatory.’’’

Quiboloy also cannot invoke his right against self-incrimination since he has not yet been asked an incriminatory question as he has not attended any of the hearings.

Apart from the Senate order, Quiboloy has standing arrest warrants for child and sexual abuse issued by the Davao City Regional Trial Court and human trafficking issued by a Pasig City court. The cases are non-bailable.

Interior Secretary Benhur Abalos earlier announced a P10-million reward for anyone who can give information that can lead to Quiboloy’s arrest.

One of his co-accused, Paulene Canada, was arrested in Davao City last week.

Other co-accused of Quiboloy – Cresente Canada, Ingrid Canada, Jackielyn Roy and Sylvia Cemanes – remain at large. –  Emmanuel Tupas