DOJ to work on possible Quiboloy extradition, but process may take years
MANILA, Philippines (Updated 11:43 a.m.) — If a request comes in, the Philippine Department of Justice will work on the possible extradition of Kingdom of Jesus Christ founder Pastor Apollo Quiboloy to the US, where he is facing trafficking charges, but an official of the agency explained that this process may take years.
In the US case against Quiboloy, Chief State Counsel George Ortha II explained that extradition will start with a request from the US DOJ, to its State Department, then to the Philippine Department of Foreign Affairs and finally to the DOJ.
At each step, the agencies will make their own evaluations of the case. Should the DOJ deem that there is probable cause to extradite the subject, it will make a request to the regional trial court. The subject may also be granted bail, based on discretion of the RTC. Rulings can be appealed all the way to the Supreme Court.
Ortha, in an interview with TeleRadyo on Monday, said they have yet to receive any request from the US.
He said that while they cannot give a definite timeline for the entire process to be done, five years for the Philippines is "relatively fast but it could be faster."
"In extradition, we do not talk about whether the subject is guilty. That is for the requesting party to do in their own proceedings. For us, in our proceedings, [we determine if] there is probable cause that he committed, then we will surrender him. We would not be saying if the person is guilty," Ortha explained partly in Filipino.
The FBI over the weekend released wanted posters for Quiboloy and two other KOJC officials following their indictment in November 2021.
The televangelist, in particular, was indicted for conspiracy to engage in sex trafficking by force, fraud and coercion and sex trafficking of children; sex trafficking by force, fraud and coercion; conspiracy; and bulk cash smuggling.
Quiboloy is a close ally of President Rodrigo Duterte, and fears have been raised whether these ties will affect the process against him.
Ortha said the processes are purely legal and based on the law and the extradition treaty. "In general, the extradition treaty is obligatory, that’s not discretionary. There has to be some extreme cases that would justify not following the treaty," he added.
Provisional warrant of arrest possible
Ortha said there is a possibility for the US to request a provisional arrest of Quiboloy. This can be done before the extradition request.
He explained that the US DOJ will send their request to them while the extradition treaty is yet to be filed. "We will evaluate it, and if think it’s okay, then we will request a law enforcement agency, most of the time the National Bureau of Investigation to ask if they can go to the court and request a warrant of arrest," Ortha continued.
One consideration in this is whether there is urgency to issue a provisional warrant. Ortha said this should be justified.
"The problem with provisional arrest, once we receive it and the warrant is issued, he will be arrested. The US has to be ready to file the request within 60 days, because if they cannot file the extradition request, we will release the person," he added.
Can Quiboloy be barred from leaving the country?
Rep. Arlene Brosas (Gabriela Women's Party) urged the DOJ to issue a hold departure order to bar Quiboloy from leaving the country, but this is an order that only courts can issue — a point that KOJC legal counsel Ferdinand Topacio raised in a presser that aired at Quiboloy's SMNI on Sunday.
The DOJ can issue an Immigration Lookout Bulletin Order, a monitoring system that would alert the department of flights of the subjects, but this cannot bar them from leaving the party.
State prosecutors may however ask local courts to issue a precautionary HDO when the complaint is pending before them.
In 2020, Davao prosecutors dropped the complaints for trafficking in persons, rape and child abuse filed against Quiboloy, citing insufficiency of evidence. The complaint was elevared to the Department of Justice through a petition for review, where it is still pending.
"Until the DOJ finds sufficient reason to reverse the finding of the city prosecutor, it has no basis to apply for PHDO. But the DOJ, upon application by the complainant-appellant, may issue an ILBO in the meantime," Justice Secretary Menardo Guevarra told reporters in a text message.
In the case of Chinese businessman Michael Yang and Pharmally Pharmaceutical executives—who were subjects of a Senate inquiry—the DOJ placed them under an ILBO following a request of the Senate of the Philippines. At that time, no complaint was filed against them. Some of them were later arrested by the Senate for contempt.
The DOJ chief explained that the department may issue ILBOs motu propio or on its own.
"Urgency is the key factor. We’ll play it by ear as we examine the evidence before us and as outside events unfold," he added.
Local case proceedings
In a separate interview with TeleRadyo, Guevarra explained: "If the DOJ however finds there is probable cause to indict Quiboloy, it will reverse the finding of the Davao prosecutor. If it reaches the court, proceedings in the local court will continue until these are finished, before the person may be extradited."
"What happens is the subject of extradition request or deportation petition is facing a local case, the process of extradition or department is stopped if they are facing a local case. Until then, after the local case is completed, if convicted, then that is the time for possible actual extradition," the DOJ chief said partly in Filipino.
But in a case where the subject is facing a local case and he cannot be extradited immediately, the two governments can discuss next steps.
“Nasa pag-uusap yan ng two government kung pwede ipahiram muna dun sa foreign government so this Filipino or whoever ay ma-try din sa US court,” he added.
(This will be based on communications between the two governments if the Filipino or whoever may be sent temporarily to the US so the subject may face trial.)
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