DOJ: KOJC administrator must comply with freeze order on assets

MANILA – Department of Justice (DOJ) officials on Wednesday said former President Rodrigo Duterte must comply with the freeze order issued on the properties of the Kingdom of Jesus Christ (KOJC) after he was named as administrator of the said properties.

In a press briefing, Justice undersecretary Raul Vasquez emphasized that the terms of the freeze order issued by the Court of Appeals (CA) is "non-negotiable."

"Yung freeze order ng CA, dapat sundin kahit sino man ang may hawak ng properties. The fact na naging administrator of properties ng KOJC ang dating president, isang bagay na di importante sa issue ng freeze order. Ang importante diyan ay may freeze order at yun ay dapat sundan. Habang nandyan ang order na yan, talagang dapat ipatupad (The freeze order should be followed whoever handles the properties. The fact that the appointed administrator of the properties of KOJC is a former president, is not an important issue in the freeze order. What is important is that there is a freeze order and it must be followed. As long as it is there, it should be implemented)," Vasquez said.

Justice Secretary Jesus Crispin Remulla, meanwhile, conceded that Duterte, a close friend of indicted KOJC founder Apollo Quiboloy is competent to be the administrator.

"There's no prohibition. He's still a lawyer, he's very competent to be the administrator. Siyempre (Of course), he's very controversial, (but) he knows what he's doing," Remulla said.

The Court of Appeals (CA) last month issued a freeze order on 10 bank accounts, seven real properties, five motor vehicles, and one aircraft owned by Quiboloy.

The order also includes the 47 bank accounts, 16 real properties, and 16 motor vehicles of the KOJC; and 17 bank accounts, five real properties, and 26 motor vehicles of Swara Sug Media Corporation which operates the religious group's media arm, Sonshine Media Network International (SMNI).

The CA said it found reasonable grounds to believe that Quiboloy's money and properties are "linked to unlawful activities and predicate crimes" not only for qualified human trafficking, sexual and child abuse and sex trafficking of children, but also for fraud, conspiracy, marriage fraud, smuggling, and money laundering, among others.

Meanwhile, prosecutor general Richard Fadullon said cases lodged before the Davao courts by Duterte in connection with the police standoff in the KOJC compound in Davao will be sent to Manila.

"(T)here were cases that were filed for unjust vexation, they were filed with the prosecutor's office (in) Davao, and I think there's already been an order to transfer all these cases here in the main office where we can investigate all of them," Fadullon said.

Meanwhile, Remulla said the "dogshow attacks" on Quiboloy by private entities making fun of the religious leader online is only a consequence of his present predicaments, but doubts there is an organized conspiracy to vilify the religious leader.

"Dogshow" refers to the satirical mocking of a celebrity or any other famous person through memes or jokes.

"The primary charge is sexual abuse and qualified trafficking – these are clear violations of law. I don't think there's a conspiracy of sorts among people to make him a victim or to victimize him. Lahat naman tayo, alam natin ang dangers (We all know the dangers) behind sexual abuse, we all know how bad it is. So, let's not glorify anybody for that matter. let him face the music and that's all we're asking him to do," Remulla said.

The DOJ chief added that Quiboloy's demand to be placed under house arrest will be up to the courts handling the cases, in consideration of a detainee's health condition and likelihood of fleeing to escape prosecution.

"(It is) subject to the court's jurisdiction/discretion. But as far as I remember, ang mga binibigyan ng house arrest ay yung hindi nag-resist o kaya pumayag kaagad na maaresto. Yung mga nanago at nagpahirap sa gobyerno, madalang bigyan ng house arrest ang mga taong ganito. Kaya ito, talagang nasa court yan. Marahil may mga kaso rin kung nagkasakit o nagkaroon ng karamdaman, bibigyan din ng HA (Those granted house arrest are those who did not resist or immediately surrendered. Those who went in hiding and made it difficult to the government are rarely placed under house arrest. There may be cases when the detainee is sick or fell ill, they are given house arrest)," Remulla said.

"But this is really something we have no right to discuss because it is within the court's ambit. Hindi ho tayo ang dapat sumagot sa bagay na ito (We are not the ones to answer this issue)," he added.

Justice officials said they will be clarifying where Quiboloy will be detained following orders issued by the Quezon City and Pasig court handling the cases.

The Quezon City RTC Branch 106, which handles the child sexual abuse charges against Quiboloy, his aides Jackielyn Roy, Cresente Canada, Ingrid Canada, and Sylvia Cemañes, ordered their transfer to the Quezon City Jail.

On the other hand, the Pasig City Regional Court (RTC) Branch 159 ordered the Philippine National Police to retain custody over the five accused.

"The difficulty here is the Quezon City court is asking for him to be detained in Quezon City, but that usually happens if that's the only case the accused is facing. If there are still other cases in different jurisdictions, usually, nagre-request ang prosecutor (the prosecutor would request) that we be allowed to have the accused in a facility, for example, Camp Crame, where they can ensure his attendance in all these jurisdictions," Fadullon said.

"So, we are in discussions with our prosecutors to recommend (to the courts) because it would be more difficult for BJMP (Bureau of Jail Management and Penology) Quezon City to be transferring him to Pasig every time there is a court hearing," Fadullon said.

The Philippine National Police (PNP), meanwhile, maintained that the actions of the Police Regional Office in Davao (PRO11) inside the KOJC compound are within the parameters of police operational procedures.

PNP spokesperson, Col. Jean Fajardo, made the remark after the Davao City Council called for an investigation on the alleged unauthorized use of police uniforms by civilians taking part in the search for Quiboloy inside the KOJC compound which lasted for about 16 days.

"Well, it's their right. From the start, we have been saying that those who want to file charges can do so because it is their right. On the part of the PNP, we will face the charges to be filed by any part," Fajardo told reporters.

Councilor Jesus Joseph Zozobrado III, who sponsored the resolution, expressed dismay as he called for scrutiny on the matter, noting that it is a violation of Article 177 of the Revised Penal Code on "usurpation of authority or official function," and Article 179 on the "illegal use of uniforms and insignias."

PRO 11 chief, Brig. Gen. Nicolas Torre III, earlier said he is taking full responsibility for all the actions taken by his men during the search for Quiboloy inside the KOJC compound. (PNA)