KOJC to challenge CA ruling declaring TPO ‘null and void’

THE Kingdom of Jesus Christ (KOJC) plans to file a motion for reconsideration after the Court of Appeals (CA) declared the Temporary Protection Order (TPO) issued by Davao Regional Trial Court Branch 15 as "null and void."

The CA's resolution states that the TPO, granted by Judge Mario Duaves, was issued without proper authority and thus lacks legal basis. The court emphasized that allowing the Davao RTC to continue with the case would undermine the Supreme Court’s mandate on similar matters.

"The Court finds that the public respondent RTC Branch 15 - Davao City has acted without authority in taking cognizance of the [writ of] amparo case. It follows that the issuance of a temporary protection order has no basis," the appellate court said.

Police Regional Office-Davao Region (PRO-Davao) noted that the Amparo case related to the arrest of KOJC founder Pastor Apollo Quiboloy falls under the Supreme Court’s May 27, 2024, resolution, which directs the handling of such cases.

"The court ruled that the Amparo case, closely tied to the cases filed against Apollo Quiboloy, falls within the scope of the Supreme Court’s May 27, 2024, resolution, which governs cases involving the enforcement of warrants of arrest against Apollo Quiboloy and four others," PRO-Davao said.

KOJC's legal counsel, Israelito Torreon, announced on Facebook that the motion for reconsideration was filed the same day as the CA resolution.

"We are filing a Motion for Reconsideration today if only to emphasize the fact that the individual members of the KOJC and the officers and students of JMC [Jose Maria College] are not covered by the Supreme Court Order transferring the venue of the cases against Pastor Apollo C. Quiboloy," Torreon said. 

He added, "They are third persons - not affected by the SC Order - who are entitled by law to seek immediate and inexpensive judicial relief in cases of violations of their constitutional right to life, liberty, property, and even security."

The lawyer argued that the motion should not require them to travel to Quezon City or Pasig City for relief, as the Writ of Amparo specifies that jurisdiction belongs to the court where the violation occurred. Therefore, RTC Davao should handle the case. The motion also contends that the Philippine National Police's (PNP) petition breaches the Writ of Amparo by improperly filing a certiorari to challenge interim orders.

"We need to point that out, among other grounds, in our motion for reconsideration in the hope that the Court of Appeals will reconsider," Torreon said.

The TPO, granted on August 27, required the removal of police blockades around the KOJC compound, but PRO-Davao continued its search operations.  The RTC Branch 15 clarified that the TPO does not negate the enforcement of arrest warrants.

Despite the court's orders, police presence remains in its second week. 

Justice Secretary Jesus Crispin C. Remulla announced plans to file a case against Judge Duaves, a move that has faced criticism from legal experts. RGL