IBP-Davao calls for rule of law in ACQ arrest try

THE Integrated Bar of the Philippines-Davao City Chapter (IBP-Davao) has called for respect for the rule of law in implementing the arrest warrant against Pastor Apollo Quiboloy and his co-accused. 

This statement was issued following an attempt by the police to arrest the Kingdom of Jesus Christ (KOJC) leader.

"The Davao City Chapter of the Integrated Bar of the Philippines calls for and insists upon respect for the rule of law and sobriety in its application," the chapter said. "This applies to our law enforcement officers implementing warrants of arrest as well as to the subjects thereof and the people affected by the implementation," it added.

The IBP-Davao emphasized that law enforcers must obey court orders, including the execution of warrants issued by courts for the arrest of individuals facing criminal charges. However, they noted that there are limits to this authority.

"If the police have a good basis to believe that a person to be arrested is inside a certain place, they have the right to enter the place and even to break into such place if refused admittance after announcing their authority and intention," IBP-Davao explained. "However, after conducting a search for the person, or persons, to be arrested within a reasonable period, the police do not have the authority to occupy the premises or exclude any lawful occupant thereof from free entry and egress therefrom."

The use of "violent force" is only justified if police officers face imminent danger of bodily harm while performing their duties.

IBP-Davao also stressed that occupants of a location must allow the police to exercise their authority, particularly when serving warrants.

"Attempts to stop, or hinder, the lawful exercise by the police of their mandate to implement a warrant of arrest may result in criminal liability for obstruction of justice or worse if any act of violence is committed," the chapter warned.

Furthermore, individuals subject to a warrant are mandated to comply with court orders and should "surrender peacefully" to allow the judicial process to proceed. Accused individuals have the right to avail of legal measures to protect their rights as part of due process under the law.

"We must abide by the rule of law because the consequence of failing to do so will be chaos in our society and violence against our citizens," IBP-Davao said.

In a separate statement, the Jose Maria College-College of Law (JMC-COL) Faculty reaffirmed its commitment to upholding the rule of law. While acknowledging the police's mandate to execute warrants, the law faculty emphasized that these actions must remain "within the bounds of the law."

The faculty noted that the police presence within the school disrupted operations and negatively impacted students. 

"The same acts of the elements of the PNP [Philippine National Police] already constitute a clear and blatant violation of the guarantees of the constitution on valid and proper implementation of warrants," JMC-COL said.

They also emphasized that "no one is above the law, not even the elements of the state." 

On Saturday, August 24, 2024, an individual died during a police raid at the 30-hectare KOJC compound in Davao City, where arrest warrants were being served on Quiboloy. Major Catherine Dela Rey, spokesperson for the Police Regional Office-Davao Region (PRO-Davao), reported that the individual was declared dead due to cardiac arrest, reportedly caused by exhaustion and stress from days of monitoring their tower, compounded by delays in seeking medical assistance.

Quiboloy and his co-accused — Jackielyn Roy, Cresente Canada, Ingrid Canada, and Sylvia Cemañes — remain at large. Paulene Canada, another co-accused, was captured in Davao City on July 11. The officials face charges including child abuse, human trafficking, and sexual abuse.

Quiboloy previously stated that he would not allow anyone to capture him alive and accused the Philippine government of conspiring with the U.S. government for his “extraordinary rendition.” The pastor also faces 43 cases in the U.S., including sex trafficking by force (including children), money laundering, fraud, and coercion. RGL