DOJ junks Du30 case vs cops in KOJC raid
The Department of Justice (DOJ) has dismissed former President Rodrigo Duterte’s complaints against former Interior Secretary Benhur Abalos and ranking police officials over the search for now-detained televangelist Apollo Quiboloy in Davao City last year.
In an 14-page joint resolution dated May 13, acting Davao City Prosecutor Angelica Laygo-Francisco said the complaints were “bereft of the essential elements” of the crimes of malicious mischief and violation of domicile needed to indict the accused.
Aside from Abalos, the other respondents were Philippine National Police chief Gen. Rommel Marbil, Brig. Gen. Aligre Martinez, Maj. Gen. Ronald Oliver Lee, Col. Edwin Portento, Brig. Gen. Mark Pespes, Brig. Gen. Ricardo Layug Jr., Col. Joselito Clarito, Lt. Col. Isralene Lauren and “John Does.”
“The records are barren of any factual or legal basis to sustain the prosecution of the herein respondents for the offenses charged,” the resolution said.
Duterte’s evidence failed to show any crime and actually “fall within the realm of lawful performance of duty and are protected by the presumption of regularity in official functions,” it added.
Duterte filed the complaints as administrator of Kingdom of Jesus Christ (KOJC) properties after around 400 police officers raided the religious group’s Glory Mountain Compound in Barangay Tamayong in June 2024 in search of Quiboloy.
Excessive, unjustified
The KOJC leader, who had been ordered arrested for child abuse, sexual abuse and human trafficking, was caught in September after a two-week standoff.
Duterte questioned the legality of the search operation dubbed “Oplan Parokya” and argued it was “excessive and unjustified.”
But the prosecutor explained that “malicious mischief,” under Article 327 of the Revised Penal Code (RPC), requires the concurrence of three essential elements: the offender deliberately caused damage to the property of another; such act does not constitute arson or other crimes involving destruction; and the act was committed merely for the sake of causing damage, or out of hatred, revenge, or other similar motives.
“In this light, the element of ‘malice’ is strikingly absent. The Revised Penal Code requires that the act be motivated by ill will or a desire to cause damage for its own sake. 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 resolution read.
“At best, the complainants impute malice based on the scale and nature of the operation, which is legally insufficient,” it added.
The violation of domicile under Article 128 of the RPC imposes upon any public officer who, not being authorized by judicial order, enters any dwelling against the will of the owner. The aggravated form penalizes such entry when done at nighttime or with violence or intimidation.
The prosecutor said no evidence was presented that the police acted as such, or that the respondents entered any premises “in patent defiance of the law.”
“Crucially, there is no allegation or proof that the high-ranking respondents entered any dwelling themselves. Absent any overt act constituting an element of the offense, criminal liability cannot be imputed upon them,” it added.
