DAVAO CITY – The Davao City government declined the request of the Police Region Office-11 to obtain the master plans and building plans of structures within the Kingdom of Jesus Christ (KOJC) compound in Buhangin District here.
QUIBOLOY
On August 29, the fifth day of the police attempt to arrest KOJC founder Apollo Quiboloy and his co-accused, PRO-11 Director Police Brig. Gen. Nicolas Torre III asked the Office of the City Building Official for copies of the plans.
Torre sought the architectural, electrical, structural, mechanical, and sewerage and sanitary plans of structures within the compound or premises.
Architect Khashayar L. Toghyani, acting city building official, denied the request on August 30 based on the Republic Act (RA) 8293 or the Intellectual Property Code of the Philippines. The PRO-11 received the letter on September 2, the ninth day of the operation.
The letter cited Section 172 of RA 8293 that classified the requested documents (plans) as “original works and hence intellectual properties exclusively owned by their creators which are protected from the moment of their creation.”
Also cited was Executive Order (EO) 2 or the “Operationalizing in the Executive Branch the People’s Constitutional Right to Information and the State Policies of Full Public Disclosure and Transparency in the Public Service…” that mentioned intellectual property as one of the exceptions.
Toghyani clarified that the requested documents can only be accessed at the instance of the structure owner, prior permission or authority from the architect, the creator of the plan, or a valid order from a competent court.
Photos posted on social media showed members of the Philippine National Police (PNP) drilling and excavating the Jose Maria College (JMC) basement inside the compound. KOJC officials, members, and journalists could not enter the building to check the activities.
KOJC legal counsel Israelito Torreon said in his Facebook account that they have been asking PNP chief Police Gen. Rommel Marbil for access to the basement as photos circulating on social media show a real and serious attempt to establish a tunnel.
“We need to confirm the authenticity of the photo sent to me in confidence because, after 10 days of non-stop and continuous search by 3,000 policemen, the police have not found Pastor ACQ,” Torreon said.
Torreon said if the “heartbeat” or “bunker” angle is true, then the police should have been able to present proof that the heartbeat was that of their pastor and that, by now, they should have shown the people at least the entrance of the place where the so-called heartbeat was found.
He added that Rule 113, Section 11 of the Rules of Court, an arresting officer may break into any building or enclosure only where the person to be arrested is or is reasonably believed to be there and if he is refused admittance after announcing his authority and purpose.
Torre said the police still believe that Quiboloy, who is facing three arrest warrants – one from the Senate issued in March and two issued by the courts here and Pasig City in April for alleged sexual abuse and violence, child abuse, and human trafficking, is just walking around the area.
“Gen. Torre’s claim that Pastor Quiboloy is still inside the KOJC compound and that he is just walking around is ludicrous and incredible, knowing that the police have poured all its resources and high-tech equipment here just for looking for the pastor,” Torreon said.
Torreon said the 3,000 policemen who have repeatedly been conducting random and omnibus searches in all the nooks and crannies in the KOJC and JMC compounds to the extent that they are undergoing a tunneling operation is an admission enough that “it is mission failure.”
As of Thursday, September 5, the 12th day of the police operation, Torreon said Davao City Building Official members are trying to access the JMC basement where the ongoing tunneling activities are undertaken, but they were also blocked from entering the premises.
Politically motivated
According to Torreon, he received text messages from several sources expressing their concern intended for Marbil and Torre. In the open letter, they said that they were policemen assigned to the KOJC compound and were concerned with the treatment of all cops stationed in Davao.
“We, the police officers, have diligently followed your orders, which appear to be politically motivated. We find ourselves in a situation where our actions, dictated by these orders, are neither aligned with our own will nor consistent with the law,” the unsigned letter said.
According to the police officers, they have become the subject of ridicule, with many questioning their competence and making light of their professional integrity. The letter added that the PNP had augmented thousands of men, leaving them to starve and suffer from thirst in extreme heat.
The concerned police officers also revealed that civilians were allowed to wear police uniforms and conduct drilling activities inside the KOJC compound, violating Article 179 of the Revised Penal Code.
“It troubles us to see a fellow officer placed in such a difficult position where obedience to orders is at odds with legal standards and ethical considerations. The orders given to us appear to be politically motivated, lack proper basis, and have inadvertently disrespected the fundamental principles of our society – precisely, respect for religion, individual rights, and personal privacy,” they said.
Torre denied that the police operation was politically motivated. In a pre-recorded video posted in the PRO-11 Facebook, he condemned the attempt to politicize the serving of the arrest warrants against Quiboloy and his co-accused.
“Ito ay prosesong legal at walang kinalaman sa politika,” Torre said as he urged a particular group to stop their relentless accusations and respect the legal process.
(This is a legal process and has nothing to do with politics)
Torre said politicizing the law threatens public trust and the rule of law. He added that their commitment to justice and transparency remains strong and encouraged the public to resist politically motivated misinformation and support the fair application of justice.