Rody complaint on Abalos over Quiboloy arrest junked

The Department of Justice (DoJ) has dismissed criminal complaints filed by former President Rodrigo Duterte against former Interior Secretary Benjamin “Benhur” Abalos Jr. and Philippine National Police (PNP) officials regarding the operation at the Kingdom of Jesus Christ (KOJC) compound to arrest Apollo Quiboloy.

In a statement, the DoJ found no evidence to support Duterte’s complaints of malicious mischief and violation of domicile, which he filed as administrator of KOJC properties, against Abalos, PNP chief Rommel Marbil and other police officers.

“Their actions, as alleged, fall within the realm of lawful performance of duty and are protected by the presumption of regularity in official functions,” the DoJ stated.

“Absent any overt act that constitutes an element of the crimes charged, and in the absence of malice, unlawful intent, or personal participation, this 0ffice finds that no probable cause exists to warrant the indictment of the respondents,” it added.

Duterte’s complaint alleged that the large-scale police operation, which involved police personnel entering buildings and residences at the KOJC compound, was excessive, unjustified and conducted without a search warrant, resulting in damaged structures. He also argued that top officials should be held responsible under the principle of command responsibility.

Quiboloy was arrested and is currently detained on non-bailable trafficking charges.

In a 13 May resolution signed by Assistant State Prosecutor Angelica Laygo-Francisco, the DoJ said the complaints failed to establish the elements required for probable cause.

The DoJ stated that malice was “strikingly absent” and that the scale and nature of the operation were “legally insufficient” to establish malice.

The resolution noted that the alleged damage to KOJC structures resulted from a police operation to serve a valid arrest warrant, citing the police officials’ explanation that the damage was incidental to their duty.

“No evidence — direct or circumstantial — has been offered to show that any of the respondents, much less those who were not physically present, acted with such malicious intent,” the DoJ said.

It also pointed out that several respondents, including Abalos and Marbil, were not present at the scene, stating that liability requires participation or indispensable cooperation.

Regarding the violation of domicile, or unauthorized entry into a dwelling against the owner’s will, the DoJ found no evidence that the police entered the compound without knowing a valid arrest warrant existed. It added that only those who executed the entry could be held liable for any unlawful entry.

The DoJ further stated that the doctrine of command responsibility does not apply to domestic criminal liability under the Revised Penal Code.