Davao City lawyers urge persons ordered arrested by courts to surrender
Persons ordered arrested by the court should surrender, the Integrated Bar of the Philippines (IBP) Davao City Chapter said on Sunday, Aug. 25.
“The subjects of any warrant of arrest are also duty bound to abide by the orders of our courts and thus, should surrender peacefully so that our judicial system can perform its function, and the judicial process can be applied in the course of law,” IBP Davao City said in a statement.
It assured: “Any accused in any criminal case may avail of any, and all, of the available legal remedies to protect his, or her, interest and enforce his, or her, rights. All of this is part of due process under the law."
The IBP Davao City Chapter issued the statement after Kingdom of Jesus Christ (KOJC) Apollo C. Quiboloy remains at large despite the issuance of two arrest warrants issued by the Pasig City and Davao City regional trial courts (RTCs) on charges of qualified human traffkcing and sexual abuse of a minor.
Last Saturday, Aug. 24, the Philippine National Police (PNP) launched a large-scale operation at the KOJC compound in Davao City for the service of the arrest warrants against Quiboloy.
The IBP Davao City has called for and insists on the “respect of the rule of law and sobriety in its application."
“This applies to our law enforcement officers implementing warrants of arrest as well as to the subjects thereof and the people affected by the implementation,” it said.
Though law enforcement have the authority and duty to obey the orders of the courts, the IBP Davao City said there are “limits imposed by law on what can, and should be done, in the exercise of this duty and authority.”
“If the police have good basis to believe that a person to be arrested is inside a certain place, they have the right to enter the place and even to break into such place if refused admittance after announcing their authority and intention,” it said.
“However, after conducting a search for the person, or persons, to be arrested within a reasonable period of time, the police do not have the authority to occupy the premises or exclude any lawful occupant thereof from free entry and egress therefrom,” it also said.
On the other hand, it pointed out that “the occupants of such a place are duty bound by law to allow the police to exercise their authority.”
“Attempts to stop, or hinder, the lawful exercise by the police of their mandate to implement a warrant of arrest may result in criminal liability for obstruction of justice or worse if any violence is committed,” it warned.
It said it supports the use of force by law enforcement but “only when the police officers are, themselves, exposed to the danger of bodily harm in the exercise of their functions.”
“In any case, the degree of the force must always be proportionate to the amount of danger,” it stressed.