TPO

In March 2008, the Supreme Court granted the first ever Petition for the Writ of Amparo in favor of my client, the late Calapan City-based journalist Nilo Baculo Sr. He was also a radio block timer. The petition is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee or of a private individual or entity (Section 1, Rule on the Writ of Amparo).

The Davao City Regional Trial Court granted the same petition to the Kingdom of Jesus Christ, The Name Above All Names Inc. (KOJC) last Aug. 28. I commend the judiciary for recognizing, with reasonable certainty, the imminent dangers besetting the church members and the students of Jose Maria College. The executive judge saw that the brazen assault of the Philippine National Police (PNP) on the KOJC compound transgressed the constitutional guarantees of religious freedom and other civil rights. The court issuance is a testament to the majesty of the law over the barrel of the gun. But more on this later.

As publisher of a weekly community paper, Traveler’s News, Baculo’s exposés of the wrongdoings of local personalities earned him death threats. Upon receiving a tip from a hired assassin, he sought a temporary protection order (TPO) from the alleged masterminds. Under Section 14 of the Rule, the court may order the petitioner or any member of the immediate family to be protected in a government agency or by an accredited person or private institution capable of keeping and securing their safety.

The protection also covers officers if the petitioner is an organization, association or institution.

However, the Court of Appeals denied Baculo’s plea in June 2008. In its ruling, the CA said the petitioner based his allegations on mere suspicions and presumptions. Upon hearing the decision, my client ominously remarked: “You have to die first before you can prove the threat.” (Center for Media Freedom and Responsibility)

Baculo was shot dead by riding-in-tandem assailants in June 2014. In an interview, I said Baculo’s murder “is what happens when the Court errs in their appreciation of evidence.” And that there may be blood on the justices’ hands for refusing to heed my client’s request (GMA News).

Of course, I do not want anything remotely the same to happen to any KOJC member. I was in Davao City when the officers and members of the church received the issuance.

The RTC said the TPO is immediately executory to safeguard the rights and security of the petitioners. Moreover, the RTC reminded the Department of the Interior and Local Government and the PNP Region 11 that enforcing a warrant of arrest should be reasonable. Beyond that, they must first seek and secure a judicial imprimatur.

What does this mean for the law enforcers who have laid siege on the KOJC compound for days? On Aug. 24, Brigadier General Nicolas Torre III and some 3,000 policemen stormed the KJOC compound to serve two arrest warrants on beleaguered Pastor Apollo Quiboloy. They have refused to leave the church premises since then. A KOJC member died from cardiac arrest while several others were injured as the law enforcers continued the Quiboloy manhunt.

I spoke with an SMNI journalist who has covered the story for over 10 days. He is wondering whether our country, a bastion of democracy and freedom in Asia, has degenerated into a police state. He witnessed the violent behavior of the police against the church members. The broadcaster and his colleagues also contradicted the claim made by the President that the police were unarmed and did not bring tear gas when they trooped to the compound. Frankly, I am beyond shocked by the President’s unfounded remarks. The entire nation witnessed the KOJC raid conducted by heavily armed cops. Everything was captured by news reports and live feeds. The Chief Executive must have been grossly misinformed or shown a sanitized version of the PNP operation.

The broadcaster said they have video footage showing heavily armed cops who used tear gas and pepper spray on unsuspecting members during an early morning worship service. One victim was an unsuspecting elderly female who was pepper sprayed behind her back. He also witnessed police officers smoking (which is strictly prohibited by KOJC), spitting and publicly urinating within the premises. Moreover, members no longer have access to the main cathedral.

On the other hand, the entire police operation is a complete overkill. To this day, these law enforcers have failed to arrest the embattled church leader. As public officers, they continue to violate religious worship laws, such as interrupting religious worship and offending religious feelings (Article 132, Revised Penal Code Book 2).

Further, the Rules of Court on Arrest does not have any provision that allows arresting officer/s to occupy the private property, residence or office of the person subject to arrest. Moreover, the officer/s cannot use violence or unnecessary force in executing the warrant (Section 2, Rule 113).

Their prolonged stay has no legal basis. They cannot arbitrarily confiscate private properties suspected of being venues for human smuggling. To my knowledge, we do not have a specific law for that. The State can only expropriate or enforce asset forfeiture following the criminal conviction of a human trafficker. Section 14 of the Anti-Trafficking Persons Act of 2003 (as amended by Republic Act 10364) prescribes this as an additional penalty for the offender. The court shall order the confiscation and forfeiture, in favor of the government, of all proceeds and properties derived from the commission of the crime.

Simply, they can no longer lord over or occupy the church premises. They must desist from using violence against innocent church members and destroying church property. Otherwise, they can be cited for contempt in defiance of a court order.

I hope more Filipinos will sit up and take notice of the KOJC’s ongoing battle against a repressive government. Remember, this is the religious sect that helped put many of our current leaders, including the President, into power. They are the same leaders who have turned their backs on the KOJC. I wonder who is their next target.

Thus, all peace-loving and law-abiding citizens, regardless of religious and political differences, should call out even the slightest attempt by the State to curtail and trample basic human rights. To quote our national hero Jose Rizal, “There are no tyrants where there are no slaves