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PACQ cases transferred to Manila to avoid miscarriage of justice

September 19, 2024 Alfred P. Dalizon 112 views

PACQALL criminal cases filed against Pastor Apollo C. Quiboloy and his four co-accused as well as the counter-charges filed by the supporters of the ‘anointed son of God’ against Department of Interior and Local Government Secretary Benjamin Abalos Jr. and top Philippine National Police officials led by General Rommel Francisco D. Marbil have been ordered transferred to Metro Manila to prevent a possible ‘miscarriage of justice.’

Former President Rodrigo R. Duterte earlier filed petitions and complaints against Sec. Abalos and Gen. Marbil in connection with the successful hunt for the latter and his co-accused in a non-bailable trafficking case.

The former president filed two counts of malicious mischief cases against the DILG-PNP officials before the Davao City Regional Trial Court Branch 15 in Davao City.

The case was filed at the office of Judge Mario Duaves of the Davao City Regional Trial Court Branch 15. Duaves is the judge who issued a Temporary Protection Order in favor of the KOJC.

Add to that include a petition for writ of amparo and habeas corpus data filed by KOJC executive pastor Marlon Acobo and the criminal charges for violation of domicile, interruption of religious worship, offending the religious feeling and grave threats under the Revised Penal Code as well as administrative chargers for grave misconduct, grave abuse of authority and/or conduct unbecoming of a public officer filed by KOJC member Sonia Advincula.

Sec. Abalos and Gen. Marbil said they are both ready to face the harassment cases filed against them by the KOJC leader and his supporters.

Last May 24, the Supreme Court’s Second Division, pursuant to its constitutional power to order a change of venue to avoid a miscarriage of justice granted the request of Department of Justice Secretary Jesus Crispin C. Remulla to move the venue of two criminal cases against Quiboloy from the Davao City RTC to the Quezon City RTC.

The Davao City Prosecutor’s Office was likewise ordered to transfer to Manila the criminal cases filed against Sec. Abalos and company in connection with the 16-day operation inside the KOJC compound.

Acting Prosecutor-General Richard Anthony Fadullon said there were cases filed for unjust vexation in connection with the siege and this has been ordered transferred to the DOJ.

“They were filed with the Prosecutor’s Office-Davao and I think there’s already been an order to transfer all these cases here in the main office, whereas, we can investigate all of them,” the official said.

The High Tribunal granted the request of Sec. Remulla after finding “compelling reasons to justify the transfer of venue as the cases involve public interest, with the accused, a well-known religious leader, being influential in the area.”

“As this could cause local biases and a strong possibility that witnesses cannot freely testify due to fear and influence of the accused, the Court found it prudent and judicious to order the transfer of the cases to Quezon City,” it added.

Following its decision last May, the Supreme Court “directed the Branch Clerk of Court of Branch 12, RTC, Davao City to forward the entire records of Criminal Case Nos. R-DVO-24-01439-CR and R-DVO-24-01440-CR to the Office of the Executive Judge of the RTC, Quezon City within three days from notice.”

The Quezon City RTC executive judge was also directed to raffle the cases among the judges in the station, who shall decide the cases with utmost dispatch.

The SC also further directed judges in Davao City and in other stations in Mindanao where future related cases involving Quiboloy and his co-accused may be filed to motu proprio order the transmittal of the records to the Office of the Clerk of Court of the RTC, Quezon City and Metropolitan Trial Court, Quezon City, as the case may be.

In an April 4, 2024 letter to the SC, the DOJ chief requested the transfer of venue of the cases, “considering: (1) the significance of the subject cases extends beyond the local context, touching on broader national policies, public interest, and security concerns; and (2) the preservation of integrity of the proceedings as there is a likelihood of local biases potentially affecting the trial’s impartiality in Davao City, and pursuant to Article VIII, Section 5 (4) of the 1987 Constitution which provides that the Court has the power to order a change of venue or place of trial to forestall a miscarriage of justice where there are serious and weighty reasons present which would prevent the court of original jurisdiction from conducting a fair and impartial trial.”

Sec. Abalos himself revealed that he and Gen. Marbil and his men were slapped with criminal cases by former president Duterte in the aftermath of their all-out effort to capture Quiboloy and his co-accused.

The case was filed at the office of Judge. However, the Court of Appeals declared the TPO issued by Judge Guaves as ‘null and void’ saying that ‘to allow the public respondent to continue hearing the case would certainly circumvent the mandate of the Supreme Court.

The public respondent should have stayed his hand in the Amparo Case to prevent any semblance of bias or influence—the very evil sought to be prevented by the Supreme Court resolution.’

“These are just the cases na fi-nile sa amin but we are ready for them. Sinabi nga ng counsel niya, binantaan kaming dalawa na maski magre-retire daw siya, katakot-takot na demanda ang aabutin daw namin, kaming tatlo,” Sec. Abalos said.

He ended up by saying they are ready to face the charges which are part of their job.

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