By Omar Fernando

DAVAO CITY – Veteran lawyer Caesar Europa provided a detailed legal opinion in response to Secretary Jesus Crispin Remulla of the Department of Justice (DOJ), who recently said charges would be filed against Judge Mario Duaves of the Regional Trial Court (RTC) Branch 15 in Davao City.

Duaves issued a Temporary Protection Order (TPO) on August 27 in favor of the Kingdom of Jesus Christ (KOJC), directing the Philippine National Police (PNP) to cease actions that threaten the safety and security of Kingdom of Jesus Christ (KOJC) members.

Europa described Remulla’s intention to sue Duaves for issuing the TPO as “troubling.”

“First, it is clear that the TPO did not stop the PNP from implementing the warrants of arrest against Pastor Quiboloy and other accused,” Europa said, adding that the TPO was aimed at preventing actions by the police that were prejudicial to other people, such as restricting movement in and out of the KOJC compound.

Chilling effect

“What is most troublesome to me is the fact that the DOJ announcement necessarily has a chilling effect on our judiciary,” Europa said. He added that it sends the wrong message to the courts, discouraging them from acting against the executive branch of the government.

“This is against the fundamental power of judicial review that is enshrined in our Constitution,” he said.

He emphasized that judicial review is a crucial part of the checks and balances upon which the system of government is based.

“I certainly hope that the DOJ takes a step back to review and reconsider this intended course of action as it does not bode well for our country and our people,” Europa said.

Since the law enforcement operations started last week, the police have restricted KOJC members’ right of entry and movement within the compound.

Physical classes at Jose Maria College Foundation, Inc. (JMCFI), located inside the KOJC compound, were also halted due to the unfavorable situation caused by the police operation. Last week, JMC management announced a shift to online classes to ensure the safety of students and teachers.

Europa added that Judge Duaves issued a Supplemental Clarificatory Order, emphasizing that the TPO did not nullify or cancel the processes related to arrest warrants.

Remulla earlier said the Supreme Court granted the DOJ’s petition to transfer the case against Quiboloy and other accused from Davao City to Metro Manila. He reasoned that with the transfer granted, the RTC in Davao City lost its jurisdiction over the case, making the issued TPO questionable.

Davao jurisdiction

“The transfer of the venue of the criminal cases against Pastor Quiboloy et al. did not remove the jurisdiction of other courts to act on separate cases such as the petition that gave rise to the TPO,” Europa said.

He added that the courts in Davao City have jurisdiction to issue the TPO as the acts sought to be stopped were happening in Davao City.

The police operations, which have been ongoing for 10 days as of this writing, are taking place inside and outside the KOJC compound in Davao City.