Quiboloy camp asks SC to stop Senate arrest

MANILA, Philippines — The camp of Kingdom of Jesus Christ (KOJC) founder and leader Apollo Quiboloy has asked the Supreme Court (SC) to stop the Senate from enforcing its arrest order against him, calling it “unjust and unconstitutional.”

The Senate’s issuance of the arrest order was in response to his refusal to appear before the chamber’s committee on women, children, family relations and gender equality – chaired by Sen. Risa Hontiveros – to answer allegations of human trafficking, rape, sexual abuse and violence leveled against him and his sect by former members.

A lawyer for Quiboloy who declined to be identified said his SC petition was for the issuance of a temporary restraining order and/or writ of preliminary injunction to stop the Senate from implementing the arrest order as well as from demanding the KOJC leader’s attendance at Senate hearings.

The petitioner said the investigation being conducted by the Senate violates Quiboloy’s constitutional rights to due process and against self-incrimination.

He argued that the Senate hearings “do not serve any legislative purpose” and that the Senate probe was tantamount to usurpation of judicial functions.

Quiboloy’s presence, he claimed, would only be used to initiate cases against him and bolster those already filed in court against the religious leader.

He argued that the Senate hearings were “unjust,” as the chamber had already concluded that Quiboloy was guilty of the crimes attributed to him.

“The investigation is likewise unlawful and unconstitutional as it encroaches on the functions that pertain solely to the judicial branch of government,” the petition read.

“It is evident that respondents are using and abusing their legislative power to secure his conviction in any manner, on the basis of one-sided statements of witnesses, uncorroborated by documentary evidence, sourced and presented by the respondents alone,” it added.

Quiboloy’s camp lamented how the Senate hearings have evolved into a “public mockery” of him.

“By compelling petitioner to appear before them, respondents have been violating petitioner’s constitutional rights against self-incrimination and due process,” Quiboloy’s legal counsel said, noting that the Senate continues to investigate the alleged crimes despite knowing that they are already being litigated in courts in the Philippines and in the United States.

Without a TRO or a writ of preliminary injunction, the petitioner said nothing would prevent respondents from depriving the KOJC leader of his liberty “based on orders that are unjust and unconstitutional.”

“This petition is yet another challenge to the legislature’s act of usurping judicial functions and flagrantly violating the fundamental human rights of witness/es being summoned to appear before its congressional hearings in the guise of hearings/investigations in aid of legislation,” the petition read.

Quiboloy’s camp cited a recent Supreme Court ruling, which stated that congressional hearings “cannot be punitive in the sense that they cannot result in legally binding deprivation of a person’s life, liberty or property.”

Named respondents in the petition were Hontiveros, Senate President Juan Miguel Zubiri and the Senate sergeant-at-arms.

Hontiveros earlier said the Senate proceedings were not meant to determine Quiboloy’s guilt or innocence, but rather to determine gaps in the laws.

She also assured Quiboloy’s camp of protection of his constitutional rights if he faces her committee, citing precedents where high-profile personalities attended Senate hearings without getting maligned.

Quiboloy is facing criminal charges before trial courts in Davao City and Pasig City over his alleged sexual abuse and qualified human trafficking of a then 17-year-old girl in 2011.

The charges filed against Quiboloy before the Davao City Regional Trial Court were for violations of Section 5(b) and Section 10(a) of Republic Act 7610, the Special Protection of Children Against Abuse, Exploitation and Discrimination Act.

The case in Pasig City was for violation of Section 4(a) of RA 9208, the Anti-Trafficking Persons Act of 2003, a non-bailable offense.

Earlier this month, a California judge ordered the unsealing of the arrest warrants against Quiboloy and his co-accused.

Cases against Quiboloy involve conspiracy to engage in sex trafficking by force, fraud, coercion, sex trafficking of children, conspiracy and cash smuggling.