Arrest order stands as SC asks Senate to comment on Quiboloy's petition

The arrest order issued by the Senate against Kingdom of Jesus Christ (KOJC) leader Apollo Quiboloy remains in effect as the Supreme Court ordered the Senate to comment on his petition.

In a media briefing, High Court spokesperson Atty. Camille Ting said the SC required the respondents to file their comment within 10 days from receipt of notice last April 3.

The Court has yet to decide on Quiboloy's petition for certiorari and prohibition with application for issuance of a temporary restraining order and/ or writ of preliminary injunction.

“This does not mean that the Supreme Court denied the TRO. All they want to do is to find out the side of the Senate regarding the issuance of the TRO,” Ting said.

“Since walang TRO na inissue po yung Supreme Court, this means that the arrest [order is] valid and outstanding,” she added.

(Since there was no TRO issued by the Court, this means that the arrest warrants are valid and outstanding.)

The respondents in the petition were the Senate of the Philippines, the Senate Committee on Women, Children, Family Relations & Gender Equality and its chairperson Senator Risa Hontiveros, Senator Juan Miguel Zubiri in his capacity as Senate president, and Major General Rene Samonte in his capacity as Senate Sergeant-At-Arms.

GMA Integrated News has asked Zubiri for comment but has yet to receive a reply as of posting time.

Hontiveros for her part said she is ready to give her reply to the SC.

"Handa ako para sagutin ang anumang utos ng Korte Soprema (I am ready to comply with whatever the SC wants). My counsel, former Senior Associate Justice Antonio Carpio, is with me, ready to study, deliberate, and respond as soon as possible," she said.

"While we have yet to receive and read the Order, we certainly will comply with the directive of the SC, cognizant of the principle of separation of powers and with only the highest respect for our institutions. Umaasa ako na ang mga prinsipyong ito ay gagabay sa ating lahat, kasama na ang puganteng si Apollo Quiboloy," she added.

(I am hoping that these principles will guide us all, including fugitive Apollo Quiboloy.)

Quiboloy’s petition

In his 46-page petition, Quiboloy argued that the Senate probe was not in aid of legislation and was tantamount to usurpation of judicial functions beyond the powers of the Senate.

Quiboloy said that the respondents seek to “impose upon themselves the power of prosecutorial bodies to judge and punish the petitioner” in compelling him to appear and testify before the Senate committee.

He also claimed that Hontiveros has prejudged him as guilty, citing the resolution which stated that “crimes are taking place even at present.”

“Clearly, the goal of respondents is not to conduct an inquiry in aid of legislation but instead, to fish for any evidence, whether reliable or not, whether truthful or not, for the purpose of prosecuting petitioner and more importantly, for the purpose of persecuting him and making a public mockery of him before the Senate and before the public media,” he said.

He also argued that Senate Resolution No. 884, which called for an investigation against him, was  incriminatory and the investigation was premised on the Senate’s conclusion and declaration that he is guilty of the crimes charged against him.

Quiboloy said that even assuming that the hearings are in aid of legislation, he should not be legally compelled to appear before the Senate Committee as they are “in effect requiring him to testify against himself.”

“Thus, petitioner respectfully submits that having been considered by respondents as an accused, he can altogether refuse to appear before the Senate Committee in order to protect his rights,” he said.

Meanwhile, he argued that his being cited in contempt and the consequent arrest and detention order are void as no concurrence was made by another committee.

“In this case, Sen. Pimentel never verbally stated that he is seconding the motion of respondent Sen. Hontiveros to declare petitioner in contempt,” he said.

“Since there was no concurrence by at least one member of the Committee, the citation of petitioner in contempt is not valid. Concomitantly, there being no valid contempt order issued, the Arrest and Detention Order is likewise not valid,” he added.

Quiboloy is facing charges under Section 5(b) of Republic Act 7610 or the Special Protection of Children Against Abuse, Exploitation, and Discrimination Act and under Section 10(a) of the same act before a Davao court.

Prosecutors said the bail was set at P180,000 for sexual assault and P80,000 for maltreatment.

He is also facing a non-bailable Qualified Human Trafficking charge under Section 4(a) of Republic Act No. 9208, as amended before a Pasig court.

Both courts have issued arrest warrants against Quiboloy.

Ting said that once the SC decided on the petition, it would not affect the other arrest orders issued against Quiboloy.

“Should the Supreme Court decide on the arrest warrants of Pastor Quiboloy in this case, it will not affect the other arrest warrants that are outstanding and that were issued by… other courts,” she said.

Quiboloy for his part, has said that he was ready to face his cases provided that the Marcos administration give him written assurance that the United States would not interfere in his legal battle in the Philippines.

In response, President Ferdinand Marcos Jr. vowed that the proceedings against him will be fair. He also saw Quiboloy setting conditions for his surrender as "a bit of tail wagging the dog." —KG/ VAL GMA Integrated News