It has been almost three weeks since the government was frantically trying to arrest Apollo Quiboloy, and bring Arnie Teves back to the Philippines. It is ironic that the process of making fugitives have their day in court takes a hopelessly-long time.
For Quiboloy, his warrant of arrest has long been pending, while Arnie sits quietly in his cell in East Timor awaiting his escorts from the Philippine National Bureau of Investigation to take him back home.
The newspapers give us a semblance that the Senate seargent-at-arms is vigilantly doing its best to coordinate with the Philippine National Police on the manner and timing of Quiboloy’s arrest.
In the meantime, Quiboloy’s lawyers show no indication that he will face the contempt charge against him.
As of this week, however, five of Quiboloy’s co-accused in this case have surrendered, and posted bail. This leaves only Quiboloy as the sixth co-accused who has evaded arrest, and has been declared a fugitive at large.
Retired Supreme Court Justice Antonio Carpio has commented that the founder and leader of the Kingdom of Jesus Christ cannot refuse to attend a Senate inquiry on accusations of human trafficking and sexual abuse against him and his members, as it is his obligation as a citizen to attend when summoned.
Atty. Elvis Balayan, one of Quiboloy’s lawyers, responded that it’s up to Quiboloy to honor the Contempt, but they will explore all his constitutional rights to avoid his appearance before the Senate.
Justice Carpio said Quiboloy could not refuse to attend the hearings of the Senate committee on women, children, family relations, and gender equality on the ground that the inquiry, the preacher’s camp claimed, violates his constitutional rights to due process and self-incrimination.
The Senate could not violate his right against self-incrimination when he has not even been questioned yet.
“You can’t say that the Senate or the Senators will violate your constitutional rights — that’s premature. You are obliged to attend. As a citizen, you must appear,” Justice Carpio said.
“Before you are asked a question, there is no danger to you yet of self-incrimination. You have to attend the hearing first, and if you are asked a self-incriminating question, then that’s the time you will say, ‘No, I will not answer that,’ “ Carpio explained.
The retired SC Justice reiterated that the embattled KOJC leader could not assume that he would be asked a self-incriminating question during the hearing, and use that as a basis not to attend.
He said that Quiboloy has the right to refuse to answer self-incriminating questions, but has to attend the hearings first.
The Senate earlier ordered Quiboloy’s arrest and detention for his continued refusal to attend the Senate panel hearings.
The preacher’s camp has filed a petition before the SC to stop the Senate from enforcing the arrest order, and to stop demanding Quiboloy attend the hearings.
Justice Carpio said the SC has issued several decisions upholding the Senate’s power to summon individuals in legislative inquiries, and this could prompt the high tribunal to either drop Quiboloy’s petition for lack of merit or to take it up.
Sen. Risa Hontiveros, who chairs the committee, previously said the Senate proceedings were not meant to determine Quiboloy’s guilt or innocence, but rather to look at gaps in the law.
She also assured Quiboloy’s camp that his constitutional rights will be respected, should he physically attend the hearings, citing precedents where high-profile personalities were invited to the Senate.
Aside from the Senate inquiry, Quiboloy is also facing criminal charges that have been filed before trial courts in Davao City and in Pasig City over his alleged sexual abuse and qualified human trafficking of a then 17-year-old girl in 2011.
The charges filed against Quiboloy before the Davao City Regional Trial Court were for violations of Section 5(b) and Section 10(a) of Republic Act 7610, or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act, according to the Department of Justice.
Meanwhile, a case for violation of Section 4(a) of RA 9208, or the Anti-Trafficking Persons Act of 2003, which is non-bailable, has been filed against Quiboloy and others before the Pasig RTC.
Earlier this month, a California Judge ordered the unsealing of the arrest warrants against Quiboloy and his co-accused. Among the cases involve conspiracy to engage in sex trafficking by force, fraud, coercion, sex trafficking of children, conspiracy, and cash smuggling.
So it may take longer for Quiboloy to face the Senate, given the intervening events since his being declared in Contempt, the charges initiated by the Department of Justice, the filing of a case at the Davao RTC, and the filing of charges in the United States may also complicate the progress of the Contempt hearings with the strict application of the principle of Separation of Powers doctrine.
The same newspapers have less to report about Arnie Teves, except what the DOJ releases to the press.
The NBI’s timetable for processing the papers to have Teves deported from Timor Leste, and face the Courts here in the Philippines is April 15 — barring any legal action taken by Arnie’s lawyers to avoid his deportation. “The main priority of Secretary Remulla right now is the safety of Mr. Teves. This is a big criminal case here, and we just want to make sure he is here to stand trial, safe and sound.”
Teves’ lawyer has announced they will seek asylum through the UN Human Rights Commission.
So we also have to play a waiting game in the case of both Quiboloy and Teves. Indications show that both are inclined to stretch the legal process until their respective legal issues are resolved.
So what do you think Quiboloy and Teves have been doing all this time while waiting for a resolution of the government’s actions against them? Twiddling their thumbs while waiting, or feeling remorse for their alleged crimes?
While we do not know how the mind and heart of Quiboloy and Teves work, I am certain they are frantically consulting with their lawyers on fighting Quiboloy’s arrest, or working on Arnie’s asylum application. I presume this should be their respective priority and Plan A. However, I hope they are content to rely only on their Plan A.
Should government succeed in demolishing Plan A, they should be considering a viable and acceptable Plan B. To me, this would mean bringing in another army of lawyers to concentrate on each of the charges looming in the justice system.
Whether it becomes necessary or not, these separate groups of lawyers should spend as much energy and resource to fight off the charges.
While having the luxury of just waiting for the arrest, in the case of Quiboloy or Arnie’s deportation, they should not be wasting time twiddling their thumbs. They should be actively looking to defend themselves at the potential of a myriad of court cases ahead.
________________________________
Author’s email: [email protected]
