DAVAO CITY – A veteran lawyer expressed concern on Monday, September 2, over Justice Secretary Jesus Crispin Remulla's intention to file a case against Judge Mario Duaves of the Davao City Regional Trial Court (RTC) Branch 15 for granting a Temporary Protection Order (TPO) in favor of the Kingdom of Jesus Christ (KOJC) compound here.
DOOR to the Davao City Regional Trial Court Branch 15.
"The announcement from Justice Secretary Remulla of the intention to file charges against Judge Mario Duaves for issuing a TPO is troubling to say the least," said veteran lawyer Caesar Europa in a Facebook post with a copy of the Supplemental and Clarificatory Order issued by Duaves on August 28.
Europa said it is clear that the TPO, which was aimed at actions taken by the police prejudicial to other people who were, for example, being prevented from going in and out of the KOJC compound, did not stop the Philippine National Police (PNP) from implementing arrest warrants against KOJC founder Pastor Apollo Quiboloy and other accused.
"While the TPO itself was already clear on this fact, Duaves even issued the Supplemental and Clarificatory Order specifically stating that the TPO did not nullify or cancel processes related to arrest warrants," Europa said.
Europa pointed out that Davao City courts have jurisdiction to issue the TPO. He said "no other trial court" would have had such jurisdiction because the acts sought to be stopped or enjoined were happening here.
The veteran lawyer said the transfer of the venue of the criminal cases against Quiboloy and other accused did not remove the jurisdiction of other courts to act on separate cases such as the petition that gave rise to the TPO.
"What is most troublesome to me is the fact that the DOJ announcement necessarily has a chilling effect on our Judiciary. It sends the wrong message to our courts not to do anything that is against the acts of the Executive branch of government," Europa said.
He added that this is against the fundamental power of judicial review that is enshrined in the Constitution as this is part and parcel of the "checks and balances" upon which the system of government is based.
Europa said he is hoping that the Department of Justice (DOJ) takes a step back to review and reconsider the intended course of action as it does not bode well for the country and its people.
The Manila Bulletin tried to get Duaves' side but court staff said they are not allowed to comment on the matter.
Remulla, in an interview over DZRH on Saturday, August 30, said the DOJ will file a case against a Davao City court judge who issued the TPO that stopped the PNP from exercising any act that would threaten the life, liberty, or security of the officials and members of the KOJC.
He said the DOJ had earlier petitioned the Supreme Court (SC) to order the transfer of the Davao City case against Quiboloy and his co-accused to the RTC in Metro Manila. The High Court granted the petition.
With the transfer of the case, Remulla said the Davao City RTC lost its jurisdiction over the case and, thus, the TPO Duaves issued was questionable.