CONTRARY to claims of embattled pastor Apollo Quiboloy’s legal team, the Department of Justice (DOJ) said the P10-million reward for anyone who can give information on Quiboloy's whereabouts has a legal basis.
DOJ undersecretary Nicholas Ty explained on Tuesday, August 20, during the second part of the Senate hearing on the excessive force operation of the implementation of Quiboloy’s warrant at the KOJC compound, that there is a difference between the terms "bounty" and "reward."
"Let us make a distinction between the term bounty and the word reward. This is a reward, not a bounty. A bounty is for people who should be arrested because they are convicts of a crime or they have outstanding warrants of arrest. This reward covers many things, not just the arrest, but information on the whereabouts of the various accused (including) Pastor Quiboloy," Ty said.
"Sinabi namin na legal ang pag-alok ng pabuya or reward sa mga indibidwal na makakabigay ng impormasyon na makakatungo sa arrest ng isang tao. Bakit po ito legal? Unang una, kasama ito sa trabaho namin sa justice sector. Dapat namin ipatupad ang mga criminal laws natin at hindi ito maipapatupad kung ang mga akusado ay hindi matatagpuan. Bukod doon, maliwanag naman sa ating sistema na hindi bawal ang pabuya para mahanap ang isang akusado at madala sa husgado ang isang akusado," he added.
(We said it is legal to offer a reward to any individual who could give information that would result in the arrest of a person. Why is it legal? First, this is part of our job in the justice sector. We need to enforce our criminal laws and we cannot implement them if the accused cannot be found. Aside from that, it is clear in our system that offering a reward to find an accused and bring him to a court of justice is not prohibited.)
The offering of the reward was questioned by KOJC Executive Secretary Eleanor Cardona, who called the offer a "bounty."
Department of the Interior and Local Government (DILG) Secretary Benhur Abalos Jr. revealed early July this year that a private citizen pooled the money for Quiboloy's immediate arrest.
"Legal ba ang pagpatong ng P10 million sa ulo... Kasi when you put a bounty of P10 million sa ulo ng isang tao na hindi convicted ng kahit anong korte dito sa ating bansa, 'yun nga mas masahol pa siya sa masahol na terorista at killer dito sa bansa. Pastor si Pastor Quiboloy hindi pa siya convicted," Cardona said.
(Is it legal to put a bounty of P10 million on his head?... Because when you put a bounty of P10 million on the head of an individual who has not yet been convicted by any court of justice here in the Philippines, that’s worse than a notorious terrorist and killer here in the country. Pastor Quibolo is a pastor, he’s not yet convicted.)
The DOJ official, in response, said that in Quiboloy's case, there are laws that can support its legality. Citing the National Internal Revenue Code, Customs Modernization and Tariff Act, Comprehensive Dangerous Drugs Act, and Anti-Terrorism Act, Ty said giving rewards to receive information on an individual with an outstanding warrant of arrest is lawful.
Ty added that there is no distinction between whether the reward will come from private citizens or the government itself.
"Para sa amin sa DOJ, wala pong masama kung manggaling sa mga pribadong indibidwal ang salapi na gagamitin para sa pabuya (For us here at the DOJ, there’s nothing wrong if the reward money comes from private individuals)," he said, noting that it is in the interest of the Filipino people to enforce the laws.
However, this was questioned by Quiboloy's lawyer, Israelito Torreon, who said that it is unethical. Torreon said that according to Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees, acceptance of such reward is unlawful.
"The clear letters of the law state that public officials and employees shall not solicit or accept directly or indirectly... any gift, gratuity, favor, entertainment, loan, or anything of monetary value," the lawyer said.
"The fact that the Secretary entertained the reward is in effect an indirect favor that he granted upon the person unidentified to put up this [reward]," he added.
Quiboloy's legal counsel said that Abalos, "who manages the entire government operations insofar as law enforcement is concerned," should refuse to accept any reward or favor, considering he is a public official.
The DILG secretary, however, clarified that he never solicited money for the reward.
"Never ako nag-solicit at hanggang ngayon wala akong natatanggap ni singko. Pangawala, napaka-klaro ng sinabi ng Department of Justice (I never solicited money and until now I have never received even five cents. Second, DOJ has said it clearly)," he said.
Ty seconded, saying the reward that was offered to the DILG cannot be considered as a bribe, which RA 6713 prohibits.
However, Torreon insisted that Abalos' announcement was against the law, even though he did not have the monetary reward.
Meanwhile, Abalos reiterated that Quiboloy should surrender.
The Senate conducted a hearing in relation to the incident on June 10, where the Philippine National Police - Criminal Investigation and Detection Group (PNP-CIDG) went to the property to serve the arrest warrant.
However, Tensions rose between KOJC members, who were waiting outside the compound, and the arresting police officers. RGL