Gen. Rommel Francisco Marbil, chief of the Philippine National Police (PNP), approved on Friday, April 26, the recommendation to revoke the gun permits of Kingdom of Jesus Christ (KOJC) leader Apollo Quiboloy for all the 19 firearms registered to him.

PNP spokesperson Col. Jean Fajardo said the resolution signed by Marbil also comes with an order for the turnover and delivery of all Quiboloy’s firearms to the nearest police station or at the office of the Firearms and Explosives Office (FEO) within six months.

“Wherefore, foregoing considered, the LTOPF (License to Own and Possess Firearms) and firearms registration of Apollo Carreon Quiboloy are hereby revoked. Further, next of kin, nearest relative or legal representative of Apollo C. Quiboloy or any other person is directed to deliver the same and the firearms shall be confiscated for proper disposition,” the dispositive portion of the resolution signed by Marbil read.

The six-month period to surrender the guns, according to Fajardo, is stipulated in the Implementing Rules and Regulations of the Republic Act 10591.

If this order is not complied, Fajardo explained that people involved will be facing a case of illegal possession of firearms since unregistered firearms are already considered as loose guns.

The PNP considers guns with expired registration as loose guns and in the case of Quiboloy, the revocation of the gun license means that all his guns under possession are no longer registered.

Based on the PNP data, only one of the 19 firearms registered to Quiboloy, has an expired license, a caliber 380.

Background

Calls for the revocation of Quiboloy’s guns, led by Sen. Risa Hontiveros, began to reach the PNP after the religious leader was charged of serious offenses that include human trafficking and child and sexual abuse before the Pasig City and Davao City courts.

Earlier, Fajardo said all the conditions set for the revocation, cancellation and suspension of firearms do not cover Quiboloy based on the provisions of the RA 10591.

They are:

· Conviction in a crime involving moral turpitude

· Loss of firearm or ammunition or any parts thereof through negligence

· Carrying of firearm, ammunition or major parts outside of residence or workplace without the necessary permit

· Carrying of firearm, ammunition, or major parts in prohibited places

· Dismissal for cause from the service in case of government officials and employees

· Commission of any of the acts penalized by RA 9165

· Submission of falsified documents or misrepresentation in the application to obtain a license or permit

· Non-compliance of reportorial requirements

· Through court order

· Conviction in any crime that carries more than six years of imprisonment

Fajardo, however, explained that there was a deliberation of the members of the FEO Board on whether or not the Article II, Section 4g of RA 10591 can be used to revoke the guns of Quiboloy.

The basis of revocation

The provision is under Article II (Ownership and Possession of Firearm) and stated that one of the Standards and Requisites for Issuance of and Obtaining a License to Own and Possess Firearms is that: “(g) The applicant has not been convicted or is currently an accused in a pending criminal case before any court of law for a crime that is punishable with a penalty of more than two (2) years.”

The problem with that provision is that it appears to apply to applicants to own firearms.

In the case of Quiboloy, he was already a gun owner before the cases were filed against him.

The focus of the deliberation of the FEO Board was whether or not such a requirement, the Section 4g, is a “continuing qualification” and Fajardo said that this was the basis of the recommendation of the FEO to Marbil.

Fajardo said the IRR of the RA 10591, particularly Section 26.1.5, was also used wherein it was specified the classification of the legal disability of any person to own guns.

“It was specified there (IRR) the provisions wherein a person could be classified as having legal disability to own a firearm and it was clear and included there to the pendency of a case with imposable penalty of more than two years,” said Fajardo.

In the case of Quiboloy, the imposable penalty for one of the cases filed against him is life imprisonment while the other one is considered as a capital offense.

“So in the penalties and the warrants issued, these served as the basis why the FEO recommended the revocation of the privilege of Pastor Apollo Quiboloy to revoke his LTOPF and firearms registration,” said Fajardo,

Can he appeal?

Yes, according to Fajardo.

“They have the right to file a motion for reconsideration (MR) but pending resolution of their MR, the revocation order of the LTOPF and firearms registration stays. This means that the resolution is immediately executory,” said Fajardo.

The same resolution of revocation of LTOPF and firearms registration covers Ingrid Chavez Canada, Quiboloy’s co-accused.

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