Hontiveros pushes anew for Quiboloy's arrest

Senator Risa Hontiveros on Monday called for the immediate issuance of an arrest warrant against Kingdom of Jesus Christ (KOJC) leader Apollo Quiboloy, saying the latter's response to the Senate panel's show cause order was "nowhere near satisfactory."

"We, including my legal team, immediately read through and assessed the documents carefully, mindful of due process for the accused but also with a view to ensuring that the Senate as an institution is protected from dilatory tactics of parties," Hontiveros, who chairs the Senate Committee on Women, Children, Family Relations, and Gender Equality, said in a press conference.

"Isa po ang naging maliwanag sa aming pag-review (one thing is clear in our review), his explanation is nowhere near satisfactory. They did nothing but rehash previous arguments they made for not attending our Senate hearings," she stated.

In response to the Senate's show cause order issued last week, Quiboloy's lawyer Melanio Balayan urged that the contempt order be set aside and deny the issuance of a warrant of arrest against the KOJC leader, recall of the subpoenas issued by the Senate, and discuss their response to the show cause order at the Senate plenary.

He argued that Senate's move to compel the appearance of his client is "tantamount to usurpation of judicial functions beyond the powers of the Senate" and that the resolution filed by Hontiveros is "incriminatory as it categorically declared the guilt" of the KOJC leader "totally disregarding...presumption of innocence until proven guilty."

Balayan further asserted that the refusal of Quiboloy to attend the probe is "not a sign of disrespect" to the Senate nor a disregard of its powers and functions "but is purely based on the fact that the criminal allegations against him can only be legitimately settled before the competent courts."

But Hontiveros reiterated that the probe is conducted to fill the gaps in the laws.

"Again, we have never claimed to be the judge. Hindi po hukom ang Senado. A Senate resolution has no effect and force of law and can make no such legal determination of guilt, or deprive anyone, including Quiboloy, of life, liberty or property as a result of its material averments or findings," she said.

Likewise, Hontiveros cited the 2009 case of Romero et. al. versus Estrada and Senate committee on labor and employment where the Supreme Court said that despite the pendency of a criminal or administrative case, the Senate is allowed to conduct an inquiry in aid of legislation.

The decision also held that “the Court has no authority to prohibit a Senate committee from requiring persons to appear and testify before it in connection with an inquiry in aid of legislation in accordance with its duly published rules of procedure.”

"Considering all these, once again, I request for the Senate President to issue an arrest order against Apollo C. Quiboloy. He must show up. He must respect the institution of the Senate," Hontiveros said.

"Sa mga kasamahan ko sa Senado, huwag nating hayaan maliitin niya ang ating iniingatang institusyon. Kung hindi pa tayo manindigan sa kanyang tahasang pambabastos sa Senado, ewan ko na kung saan tayo pupulutin nito," she added.

For Hontiveros, this "level of mockery" of a constitutional exercise of duty by a Senate committee is "unprecedented and disturbing, and further confirms Quiboloy’s undue refusal to appear before the Committee."

Currently, Hontiveros said the committee's ruling to cite Quiboloy in contempt is being delivered to the KOJC leader's lawyers.

Sought for comment, Balayan said they have yet to receive the document.

"Until then, no comment po! Thanks," he said in a message to GMA News Online.

Once it is received, the senator said she will follow up the issuance of an arrest warrant against Quiboloy with Senate President Juan Miguel Zubiri.

In a Viber message to reporters, Zubiri said he will review Quiboloy's response and decide on the arrest warrant issuance soonest.

"I just got back last night from the President’s trip to the Czech Republic... I shall review the reply of Pastor Quiboloy and Sen. Risa today so we can give a decision soonest," Zubiri said.

Quiboloy is at the center of a Senate investigation after several witnesses divulged alleged sexual abuse and human trafficking incidents within the KOJC. 

On the other hand, 1-Rider party-list Representative Rodge Gutierrez, who filed House Bill 9710 seeking to revoke the franchise of Swara Sug Media Corp. which operates KOJC’s broadcast arm Sonshine Media Network International (SMNI), said it would be better to let the Senate issue the arrest order against Quiboloy.

“Since we already submitted the committee report, the detention order will now come down to [the decision] of the Secretary General. It is a special circumstance because there is a pending detention order here and there is another one in the Senate for a hearing that is actually continuing,” Gutierrez said in a press conference.

“If you take a look at us, we are done with the hearing on franchise revocation. Baka mas appropriate na iyong detention order is with the Senate (Maybe it is more appropriate for the Senate to implement the detention order),” he added.

House Bill 9710 has already been approved on second reading before the House plenary and is likely to be approved on third and final reading this week without Quiboloy attending a single public hearing despite repeated invitations.

Gutierrez sought revocation of the SMNI franchise due to the network’s alleged violation of franchise provisions namely: willful dissemination of false information, transfer of ownership without congressional approval, among others.

The Philippine National Police (PNP), meanwhile, said it is ready to assist Senate or the House in arresting Quiboloy.

In a press briefing in Camp Crame,  PNP spokesperson Police Colonel Jean Fajardo said the assistance the PNP can give is for security only as the Senate and House have their own Sergeant-at-Arms Offices to implement the arrest warrant.

"But in my coordination po with the Directorate for Plans, dahil nasa kanila po 'yung  legislative action committee po natin, they will be the one to be notified in case there is an official request [for assistance]," Fajardo said.

Fajardo said they are anticipating the issuance of the arrest warrant within the day.  —with Joviland Rita and Llanesca Panti/AOL/KBK, GMA Integrated News