MANILA, Philippines - The Department of Justice (DOJ) should proceed with the preliminary investigation on criminal charges filed against leaders of the Iglesia ni Cristo (INC) by expelled minister Isaias Samson and his family.
The camp of Samson made this call yesterday as the protest rally staged by members of the INC at the intersection of EDSA and Shaw Boulevard continued to grow.
“We urged the DOJ to already docket the case for the conduct of preliminary investigation to accord our clients their right to due process of law,” Samson’s lawyer Trixie Cruz-Angeles told The STAR.
Angeles explained that the complaint for serious illegal detention, harassment, grave threats and coercion filed by Samson, his wife Myrna Dionela and son Isaias Jr. was not immediately docketed in the DOJ because of insufficient number of copies when they filed it last week.
When they returned to the DOJ and completed the requirements last Thursday, Angeles said the INC rally outside the DOJ along Padre Faura in Manila had started.
“By now it should be docketed and the (preliminary probe) should commence,” she said.
Angeles further pointed out the conduct of a PI should be ministerial on the part of the DOJ to determine if there is probable cause that could warrant the filing of cases in court.
She believes the DOJ would have no choice as inaction on the charges might constitute dereliction of duties on the part of officials and could make them liable under the Anti-Graft and Corrupt Practices Act.
Angeles explained that it is only at the end of the conduct of PI where the decision or discretion of the investigating prosecutor comes in and when the aggrieved parties may raise questions.
“We really don’t know where the insinuation (by the INC protesters) of unfair handling by the DOJ on the complaint came from when the DOJ has not even acted on the case yet,” she said.
Angeles also lamented the statements made by Sen. Grace Poe supporting the cause of the INC over the issue.
She said Poe may have violated the law in publicly supporting the protest of INC against Justice Secretary Leila de Lima.
Angeles believes the pronouncements made by Poe calling on De Lima to prioritize other cases over the complaint filed by Samson could constitute a criminal offense under Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act.
She said the law considers as a crime acts of “persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense.”
“It is an act of graft if someone asks the DOJ not to act on a criminal complaint, just as what Sen. Grace Poe did,” Angeles stressed.
Poe assailed De Lima for acting on the allegations of the expelled INC ministers and specifically on Samson’s case.
Poe called on De Lima to explain the merits of the INC case and why the DOJ was handling it.
She said it would be better for De Lima to face the INC protesters and explain the situation.
The Samson family named as respondents the members of the Sanggunian, the INC’s highest administrative council – Glicero Santos Jr., Radel Cortez, Bienvenido Santiago Sr., Mathusalem Pareja, Rolando Esguerra, Eraño Codera, Rodelio Cabrera and Maximo Bularan.
The complainants alleged they were prohibited from leaving their house in Quezon City last July after he was accused of being “Antonio Ebanghelista,” the supposed blogger who had been writing against the INC.
Samson, former editor-in-chief of INC’s official publication Pasugo, denied the allegation.
“Since I really was and still am not the person they are accusing me to be, I simply but carefully evaded their ridiculous questions. After an hour of not getting any favorable answer from me, they shifted to a more stringent, threatening and ultimately wildly aggressive mode of interrogation. The whole affair felt very surreal to me; and the feeling of fear and anxiety made me think that I was experiencing what it would have been like to be the subject of Torquemada’s Inquisition,” he stated in the complaint.
“Little by little, it became clear to me that the Sanggunian was hell-bent on pinning the great exposé on me. True enough, in a bid to extract more information which they thought they could use to substantiate their specious allegations, they subsequently confiscated my phone and my office desktop computer,” he added.
Samson further claimed their relatives were prohibited from visiting them; they were not allowed to go to a doctor so his wife who has hypertension and wears a pacemaker can have a checkup, and someone was sent to buy groceries for them.
He recalled seeing heavily armed men guarding the front of the house to prevent them from leaving or even from buying groceries.
Samson said they were able to escape by pretending to attend worship service.
On July 23, Samson held a press conference and a certain Colonel Pedroso and some policemen came and said they would secure and protect him.
The supposed lawmen ran away after members of the media tried to approach them.
Last July 30, complainants said they received news that the Sanggunian ordered the forcible opening of their house and search and seizure of all their belongings.
Justice Secretary De Lima, who is being targeted by the INC protest over the supposed shortcut and unfair handling of the charges, remained mum on the issue.
After saying she was just doing her job and had no motive other than faithful performance of her sworn duties last Thursday, De Lima has not spoken.
Malacañang defended De Lima and called on INC protesters to respect the rule of law.