US justice department won’t comment on extradition

MANILA, Philippines — The United States Department of Justice has declined to comment on a possible request for extradition of detained pastor Apollo Quiboloy, who is wanted in the US for alleged sex crimes and money laundering.

“As a matter of policy, the US Department of Justice generally does not comment on extradition-related matters until a defendant is in the United States,” US DOJ spokesperson and senior communications adviser for international law Nicole Navas Oxman said yesterday in response to an inquiry from The STAR.

The agency instead referred The STAR to previous information released about the case, including the 2021 indictment of Quiboloy, spiritual adviser of former president Rodrigo Duterte and founder of the Kingdom of Jesus Christ.

Quiboloy, who was taken into custody by Philippine authorities on Sunday, is facing multiple charges before a federal court in California.

He was charged for his “alleged participation in a labor trafficking scheme that brought church members to the United States, via fraudulently obtained visas, and forced the members to solicit donations for a bogus charity, donations that actually were used to finance church operations and the lavish lifestyles of its leaders.”

“Members who proved successful at soliciting for the church allegedly were forced to enter into sham marriages or obtain fraudulent student visas to continue soliciting in the United States year-round,” read Quiboloy’s wanted poster released by the US Federal Bureau of Investigation.

In 2021, a federal grand jury indicted the religious leader for conspiracy to engage in sex trafficking by force, fraud and coercion and bulk cash smuggling.

He is also facing charges of human trafficking before a Pasig City regional trial court and child and sexual abuse before a Quezon City regional trial court.

His camp has repeatedly denied the allegations.

President Marcos on Monday said there is no extradition request yet from the US, but added that Quiboloy would first have to undergo trial for his cases in the Philippines before any extradition request is granted.

An extradition is the transfer of one individual from one jurisdiction to another for purposes of standing trial in the requesting country.

The Philippines has an extradition treaty with the US. Based on the procedure for extradition prescribed under Presidential Decree 1069 issued in 1977, a foreign state or government with an extradition treaty with the Philippines may send an extradition request to the Department of Foreign Affairs.

The foreign affairs chief will then forward the request to the justice secretary, who shall designate a lawyer to handle the matter.

The said lawyer will have to file a petition before a court of first instance, which will have “exclusive power to hear and decide the case.”

During an earlier interview with “Storycon” on One News, Quiboloy’s lawyer Israelito Torreon said they would oppose an extradition request if a petition is filed before a court.

PNP custody

The KOJC leader and his four co-accused, meanwhile, will remain at the Philippine National Police (PNP) Custodial Center despite an order for their transfer to other detention facilities in Quezon City.

The Quezon City Regional Trial Court Branch 106, in a commitment order dated Sept. 9, directed the PNP to transfer Quiboloy and one of his co-accused, Cresente Canada, to the New Quezon City Jail in Barangay Bagong Silangan and the other three – namely Jackielyn Roy, Ingrid Canada and Sylvia Cemanes – to the Quezon City Jail Female Dormitory in Camp Karingal.

The court in Quezon City is in charge of the bailable child abuse raps against Quiboloy, which was transferred from a Davao City court.

Col. Jean Fajardo, PNP spokesperson, said they also received an order from the Pasig City Regional Trial Court Branch 159 for the continuous detention of Quiboloy and his co-accused at the PNP detention facility for high-risk persons.

Quiboloy and the others are facing non-bailable cases of qualified human trafficking before the Pasig court.

Fajardo said the Criminal Investigation and Detection Group (CIDG) will formally inform the Quezon City court of the Pasig RTC instruction to the PNP to keep its custody of Quiboloy and the others.

“We don’t want to run the risk of moving them to QC where they can post bail and the PNP is out of control. We really have to harmonize the orders,” she said.

Fajardo said they would coordinate with the two courts which have scheduled the arraignment of Quiboloy and his co-accused tomorrow morning.

Video conferencing

While the Quezon City court would make do with a video conferencing arraignment, the Pasig RTC wanted the pastor’s physical presence when he answers the charges.

Fajardo defended the PNP’s decision to blur the mugshots of Quiboloy and his four co-accused, saying it was in compliance with the “guidance” from the Commission on Human Rights (CHR). She said the accused “enjoy the presumption of innocence until proven otherwise.”

She added it was the personal request of Quiboloy and his lawyers to have his mugshots blurred.

But Interior Secretary Benhur Abalos said they have already released clear mugshots of Quiboloy and his co-accused.

Abalos released the photos on his Facebook page, with caption, “no one is above the law.”

The PNP, meanwhile, has also started gathering evidence for the filing of cases of obstruction of justice and harboring a fugitive against officers of the KOJC and other people who tried to prevent policemen from arresting Quiboloy and the other respondents. — Emmanuel Tupas, Jose Rodel Clapano, Romina Cabrera, Michael Punongbayan