Not only is the plan of the PNP Chief to file obstruction of justice charges against FPRRD laughable, it also exposes a lack of understanding of how the said crime is committed.

Under Sec. 1(c) of Presidential Decree No. 1829, a person who knowingly or willfully obstructs, impedes, frustrates, or delays the apprehension of suspects and the investigation and prosecution of criminal cases commits the crime of obstruction of justice.

The statement of FPRRD in a press conference, in response to a query from a reporter that he knows the whereabouts of Pastor Quiboloy who has a standing warrant for his arrest and that it is a secret — meaning he will keep it to himself — is, at best, a joke, for which he is known, or pulling the leg of the inquiring reporter. It was intended for the reporters to laugh — and they did.

Apparently, the Chief PNP is a humorless person and cannot decipher a joke or a jest defined as “a brief oral narrative with a climactic humorous twist.”

According to the former President, he has not communicated with him nor has the religious leader talked to him. Nor has there been any report from the intelligence group of the PNP that Pastor Quiboloy has been communicating with the members of the Kingdom of Jesus Christ (KOJC). There is also no proof that the two have been seen together after the issuance of the warrant of arrest.

Common sense, therefore, will tell us that there is no way by which FPRRD would know where Pastor Quiboloy is.

Let us assume, however, that indeed FPRRD knows where Pastor Quiboloy is. Is he under the law obligated to tell the police authorities where the suspect is — and failing to do so, commits the crime of obstruction of justice?

The answer is in the negative.

The bare statement of FPRRD that he knows where Pastor Quiboloy is and will not divulge his whereabouts cannot be the basis of a charge of obstruction of justice.

There is no proof proffered by the PNP that FPRRD committed a prior or subsequent positive act of concealing or harboring Pastor Quiboloy, preventing the law enforcement agencies from arresting the KOJC head, or assisting or helping him in his escape.

In the 2021 case of Dr. Emily D. De Leon, et al. versus Atty. Judith Z. Luis, G.R. No. 226236, July 6, 2021, the Supreme Court dismissed a case filed against respondent Atty. Luis for obstruction of justice for not reporting to the police a suspect who went to his office and whom he knew to have an arrest warrant.

In ruling that the respondent lawyer did not commit the crime of obstruction of justice, the Supreme Court ruled:

“xxx absent a clear showing of an overt act evidencing an intent to help the fugitive remain in violation of the law, the charge of obstruction of justice has no legal leg to stand on.”

The PNP Chief should not make FPRRD a scapegoat for the failure of his agency to arrest Pastor Quiboloy.