The Department of National Defense (DND) filed a comment before a Pasig City regional trial court (RTC) on Tuesday afternoon, Sept. 10, to formally express its opposition to the request of the camp of Kingdom of Jesus Christ (KOJC) leader Pastor Apollo Quiboloy to have him transferred from the custody of the Philippine National Police (PNP) to the Armed Forces of the Philippines (AFP).
The comment was filed by DND Asst. Sec. for Legal and Legislative Affairs lawyer Erik Lawrence S. Dy around 4 p.m. at the Pasig City RTC Branch 159, where Quiboloy is facing a non-bailable charge for alleged violation of Anti-Trafficking in Persons Act of 2003.
“Naghain po ang Department of National Defense ng ating Opposition upang tutulan ang pagpapalipat ng mga akusado sa kustodiya ng AFP po (The Department of National Defense filed our Opposition to deny the request for the transfer of custody by the accused to the AFP),” Dy said.
The lawyer argued that Quiboloy is facing heinous crimes which are covered by the civilian courts, which is why it is only just that he remains under the custody of law enforcement agencies and not the military.
He explained that the AFP detention facilities are meant to serve military officers and personnel who are charged or convicted of service-related offenses under the jurisdiction of the General Courts Martial.
The AFP earlier confirmed providing support to the Philippine National Police in its operations at the KOJC compound in Buhangin District, Davao City last Sunday which led to the arrest of Quiboloy and four of his co-accused namely Crisente Canada, Ingrid Canada, Sylvia Cemañes and Jackielyn Roy.
“Ang mga akusado po sa kaso na ito ay hindi po miyembro ng AFP, at ang mga alegasyon din po laban sa kanila ay hindi po nasasaklaw ng General Courts Martial (The accused in this case are not members of the AFP and the allegations against them are not covered by the General Courts Martial),” Dy continued.
According to Dy, the DND received a copy of the very urgent motion for the transfer of custody filed by Quiboloy’s camp on Tuesday morning.
He said the DND will also file a similar opposition before the Quezon City RTC Branch 106, which handles Quiboloy's child abuse case.
Meanwhile, the AFP said it will fully adhere to the results of court proceedings regarding the Quiboloy case.
“The AFP also supports the pronouncement of the Department of National Defense (DND) and stands with law enforcement agencies in their duty to ensure compliance with the law and the fair administration of justice. We uphold the principles of due process and justice for all,” the AFP said.