Quiboloy’s Fugitive Status: Legal Facts vs. Lawyer’s Fiction

By Louis ‘Barok‘ C. Biraogo

In the ongoing saga involving Pastor Apollo Quiboloy, the Kingdom of Jesus Christ (KOJC) legal team has argued that Quiboloy is not a “fugitive of justice,” insisting that he has the right to refuse to accept the arrest warrant issued against him. However, this assertion by KOJC lawyer Israelito Torreon does not align with established legal principles and precedents in Philippine jurisprudence.

Debunking KOJC’s Assertions

1. Definition of a Fugitive

Torreon’s assertion that there is a “misconception” regarding the obligation to surrender upon issuance of an arrest warrant misrepresents the legal understanding of a fugitive in Philippine law. According to Rodriguez v. Judge Bonifacio, A.M. No. MTJ-98-1167 (April 5, 2000), the Supreme Court defined a fugitive as someone who, having committed a crime, hides to evade the law. The decision stated that a person becomes a fugitive from justice if they flee to avoid prosecution or the consequences of a criminal conviction. Therefore, by avoiding arrest, Quiboloy fits the definition of a fugitive, despite the pending appeal.

2. Legal Obligations and Arrest Warrants

The KOJC lawyer suggests that Quiboloy can opt not to surrender due to ongoing legal remedies questioning the probable cause. This notion is misleading. The Philippine legal system provides mechanisms to address grievances and question probable cause through motions for reconsideration or petitions for review. However, these do not inherently grant immunity from arrest. Under the Revised Rules of Criminal Procedure, the issuance of a warrant of arrest indicates that the court has found probable cause to hold the accused liable for the crime charged. Avoiding arrest under these circumstances typically constitutes evasion of justice, thereby classifying the individual as a fugitive.

3. Misleading Public Perception

Torreon’s public statements appear designed to mislead and confuse the public regarding legal processes. The emphasis on potential favorable outcomes from the DOJ does not negate the current legal status of Quiboloy. His refusal to comply with the arrest warrant undermines the judicial process and promotes a dangerous precedent where influential individuals could evade justice by exploiting legal technicalities.

Where KOJC Lawyers Have a Point

Despite these points, Torreon is correct in emphasizing the importance of due process. The law ensures that all individuals, regardless of status, are entitled to exhaust legal remedies. However, this should not be construed as a license to evade arrest. The Philippine Constitution, under Article III, Section 14, guarantees that no person shall be deprived of life, liberty, or property without due process of law. This right, however, must be balanced against the need to uphold the rule of law and ensure that justice is served.

Call for Legal and Judicial Reform

The Quiboloy case underscores significant weaknesses in the Philippine legal system, particularly regarding the execution of arrest warrants against powerful individuals. This incident calls for a critical reevaluation of the procedures and policies within the Department of Justice (DOJ) and the judiciary. Here are some recommendations:

1. Strengthening the Enforcement of Arrest Warrants

There should be more robust mechanisms to ensure that arrest warrants are executed promptly and effectively, regardless of the individual’s status or influence. This might involve enhanced coordination between law enforcement agencies and the judiciary.

2. Expediting Legal Processes

The courts must expedite hearings on motions and appeals related to high-profile cases to prevent undue delays that can be exploited by defendants to evade justice. This would help in maintaining public confidence in the judicial system.

3. Increasing Transparency

Transparency in legal proceedings, especially in high-profile cases, is crucial. The public should be kept informed about the status of cases to prevent misinformation and foster trust in the legal system.

4. Judicial Independence

Ensuring that the judiciary operates independently without undue influence from powerful individuals or groups is essential. Judicial reforms should focus on safeguarding judges and prosecutors from external pressures that could compromise their decisions.

Conclusion

The KOJC’s attempt to paint Pastor Apollo Quiboloy as not being a fugitive of justice falls flat when scrutinized against established legal definitions and precedents. While the right to due process is paramount, it should not be manipulated to delay or obstruct justice. The Philippine legal system must address these loopholes and reinforce the principles of accountability and fairness. Only through comprehensive legal and judicial reform can the Philippines hope to uphold the rule of law and ensure that justice is served equitably, irrespective of an individual’s power or influence.