Senate Deputy Minority Leader Risa Hontiveros announced on Friday her intention to request Senate President Juan Miguel "Migz" Zubiri to order the arrest of Pastor Apollo Quiboloy, who is alleged to be involved in rape and human trafficking.

“I will request the SP [Senate President] to approve the warrant of arrest. Quiboloy will only be detained in the Senate for failure to attend the hearing, not for the serious allegations made by his accusers,” Hontiveros said in a statement.

This was after Quiboloy’s camp, through his legal counsel, Melanio Elvis Balayan, reiterated that the Senate inquiry into the church leader’s alleged crimes is not the right venue for his client to clear his name.

Melanio pointed it out in their camp’s response to the show cause order issued by the Senate Committee on Women, Children, Family, and Gender Equality against his client.

Hontiveros’ office confirmed that it officially received the 19-page "Compliance and Legal Justifications," signed by Balayan, at 8:40 am on Friday, which was well within the “non-extendible” period of 48 hours provided for Quiboloy's camp to explain why he should not be ordered arrested.

The document was also stamped as received by personnel from the Senate Office of the Sergeant at Arms. A copy was also furnished to Zubiri’s office.

Melanio raised three main points as to why Quiboloy, who earlier admitted he was in hiding due to alleged threats to his life.

First, he said that the ongoing investigation of Hontiveros’ panel which compelled his client’s appearance to testify over his alleged commission of grave crimes is “not in aid of legislation but is tantamount to usurpation of judicial functions beyond the powers of the Senate.

He also stressed that Senate Resolution No. 884, which Hontiveros filed last December, was “brazenly incriminatory as it categorically declared the guilt of Pastor Quiboloy for crimes being attributed to him.”

“[It] totally disregarding the Constitutional assumption of innocence until proven guilty beyond reasonable doubt,” he noted.

Lastly, Quiboloy’s legal counsel highlighted that his client’s refusal to attend the Senate inquiry is “not a sign of disrespect to the honorable Senate nor disregard of its powers and functions but is purely based on the fact that the criminal accusations against him can only be legitimately settled before the competent courts.”

Precedents

Hontiveros emphasized that the show cause order issued by the Senate against Quiboloy, due to his repeated refusal to attend the investigation despite receiving multiple subpoenas, is not provided for in the Senate's Rules.

“They are requesting to elevate the determination of the show cause order to the plenary. In truth, there is no mention of the show cause order in the Rules,” she said.

“It was a courtesy extended to Sen. Robin, at the request of the Senate President. If the show cause order is not in the Rules, much less is there a requirement in the Rules for a plenary hearing to resolve the show cause order,” she added.

Hontiveros further pointed out that the Senate has had experiences in the past where it held investigations even if there were pending cases against the subject of its investigations.

She cited the case of David Bangayan, who, despite facing criminal charges, was still ordered to be cited in contempt by Senator Cynthia Villar in 2014.

She also mentioned the ongoing investigation by the Senate Committee on Public Order and Dangerous Drugs, led by Senator Ronald “Bato” dela Rosa, into the case of missing beauty pageant contestant Catherine Camilon.

“Senator Bato de la Rosa continued to hear the disappearance of Catherine Camilon even though charges were filed against the police officer believed to have killed her,” she said.

“Senator Imee Marcos presented witnesses with covered faces and using aliases in her hearing on people's initiative,” she added.

Hontiveros also emphasized that even the Senate President himself had utilized the Senate's contempt power against the primary suspect in the death of Horacio Castillo, the University of Sto. Tomas freshman law student who died due to hazing.

“Because of that incident, the Anti-Hazing Law of 2018, or RA (Republic Act) 11053 was passed,” she said.

The lawmaker also addressed the accusation againts the resolution she filed last December which led to the Senate investigation into Quiboloy’s crimes.

"As to the proposed resolution being incriminatory, let me reiterate: the Senate is not a court. It cannot determine guilt or innocence,” she said.

“The Senate resolution is just a proposal. It becomes binding on the institution only when passed in plenary. Even then, it cannot establish rights, duties, or liabilities,” she added.

She continued: “It would be better if Quiboloy just showed up instead of creating all this drama.”