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CA NULLIFIES DAVAO COURT PROTECTION ORDER FOR KOJC

admin September 7, 2024

THE Court of Appeals (CA) declared as “null and void” a Temporary Protection Order issued by a Davao Court directing the police force to cease actions that threaten the safety and security of members of the Kingdom of Jesus Christ (KOJC).

In a five-page order issued on September 3, the Appellate Court noted that the Supreme Court had already designated the Quezon City Regional Trial Court to handle the cases against fugitive Pastor Apollo C. Quiboloy, the self-proclaimed “Son of God” and founder of the KOJC who is being hunted by the Police Regional Office 11 on charges of rape and human trafficking.

The CA said Judge Mario C. Duaves of the Davao City Regional Trial Court Branch 15 “acted without authority” in taking cognizance of the case and issuing a protection order last August 27 against the police operations.

“There is no denying that the amparo case filed before the Davao RTC is closely intertwined with the cases filed against Quiboloy considering that what is at stake is the implementation of the warrants of arrest against the latter and his co-accused,” the CA said.

“To allow the public respondent (Davao court) 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,” it added.

Department of the Interior and Local Government Secretary Benjamin C. Abalos Jr., PNP chief Gen. Rommel Francisco D. Marbil and Police Regional Office 11 director Brig. Gen. Nicolas D. Torre III were among the top officials who filed a Petition for Certiorari, Prohibition and Mandamus with Prayer for the Immediate Issuance of a Temporary Restraining Order and/or Writ of Preliminary Injunction before the CA.

In a press briefing, Public Information Office chief Col. Jean Fajardo said the CA’s decision proved that the PNP was right in implementing the arrest warrant against Quiboloy.

“Ang implication lang nun ay tama from the start ang PNP na ‘yung nilabas na TPO and even yung cease and desist order nila ay walang kinalaman ‘yun doon sa pag-iimplement natin ng warrant of arrest. But be that as it may, kahit ganun pa rin ‘yung content ng TPO ang sinasabi ng CA ay wala itong basehan,” Fajardo said.