CEBU, Philippines – The Court of Appeals (CA) nullified the temporary protection order issued by the Davao Regional Trial Court Branch 15 in favor of doomsday preacher Apollo Quiboloy’s Kingdom of Jesus Christ (KOJC) in a resolution dated Tuesday, September 3.
To recall, Judge Mario Duaves of the Regional Trial Court (RTC) Branch 15 in Davao City issued the order against police and Interior Secretary Benjamin Abalos Jr. on August 27, in response to a petition for a writ of amparo filed by KOJC lawyer Israelito Torreon on July 1.
The Davao court had ordered police to remove all forms of barricades, barriers, and blockades that barred access to the KOJC compound, and directed cops to cease any act that would harm the life, liberty or security of persons and the KOJC’s properties.
Based on the five-page resolution, however, the CA’s 22nd Division ruled that the amparo petition was intertwined with the cases filed against Quiboloy that are already assigned to the Regional Trial Court in Quezon City.
“The Supreme Court expressly directed the Judges in Davao City to immediately transmit the records of cases involving Apollo Quiboloy to the Office of the Clerk of Court, RTC, Quezon City,” the resolution read.
The appellate court highlighted that Duaves should have refrained from issuing the temporary protection order to KOJC to prevent any semblance of bias or influence.
“To allow the public respondent to continue hearing the case would certainly circumvent the mandate of the Supreme Court,” the CA said.
Torreon, in a statement posted on his Facebook on Thursday, September 5, said the KOCJ camp would file an appeal with the CA.
“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 [Jose Maria College] are not covered by the Supreme Court Order transferring the venue of the cases against Pastor Apollo C. Quiboloy,” his statement read.
For the lawyer, the resolution was contrary to the purpose and intent of a writ of amparo.
“The writ of amparo requires that the court which has jurisdiction to entertain the petition should be the court of the place where the act or omission happened, hence, since the wanton violations being committed by the police are done in Davao City then it is the RTC Davao which should have jurisdiction over the petition for issuance of writ of Amparo,” Torreon added.
Recently, KOJC followers have called out police for “excessive use of force” while at the KOJC compound. Davao Region Police Director Brigadier General Nicolas Torre III urged the public on Tuesday not to fall for propaganda from groups supporting Quiboloy. – Rappler.com
