A Quezon City court drew a clear line as to when the people’s right to hold protest action ends after it convicted a protest organizer to four months of jail term when Kingdom of Jesus Christ (KOJC) leader Apollo Quiboloy was being arrested in 2024.

In a decision penned by Judge Juvenal N. Bella, of the Metropolitan Trial Court Branch 39, it pointed out that while the government protects the right to peaceful assembly as a cornerstone of democracy, the same government also holds the power to regulate such activity to safeguard public safety and order.

“When the exercise of the freedom expression transcends the bounds of the legal authorization and encroaches upon the fundamental right of the public to safe and unobstructed passage, the law provides for a necessary reckoning,” the decision, which was posted on the Facebook page of former PNP chief Nicolas Torre III read.

And for Judge Bella, the case involving KOJC protest organizer Eduardo Corda stands as a testament to what he described as “delicate balance between individual liberty and collective security.”

It all started in August 2024 at the height of the police operation to get Quiboloy who was then wanted for human trafficking and other serious charges.

At that time, then Davao regional police director Torre was leading the operation and stood on his decision to search the entire KOJC compound in Davao City due to reliable information that Quiboloy was hiding inside a tunnel system.

As the Torre-led police forces started to close in, Corda had initiated what he described as a prayer rally and candle lighting. Torre, however, would not buy it and saw it an attempt to stall the operation to get Quiboloy.

Police later filed a case against Corda for violation of the Batasan Pambansa 880.

Guilty

In the decision, the judge said the prosecution was able to establish all the elements of the case to which Corda was charged, particularly in pointing out that the law was violated and that he was the leader of the protesters.

While Corda denied that he was the leader of the assembly, the court said the prosecution, through the witnesses presented, was able to establish otherwise as he was seen taking the lead in instructing protesters to hold the line despite the order of the police to disperse.

The fact that Corda was directing the crowd using a megaphone disputed his claim and only established that he had the direction and control of the crowd.

While a document was also presented as proof that the protest action was authorized by the local government through a Special Mayor’s Permit, the court pointed out that the permit given was inside the KOJC compound and not outside the highway where the protesters were blocking motorists and other road users.

“While such assemblies are constitutionally protected, they remain subject to reasonable regulation, particularly when conducted on public thoroughfares,” the decision read.

"Accused Eduardo Corda is found guilty beyond reasonable doubt of violating Section 13 (a) of Batas Pambansa Bilang 880. He is hereby sentenced to suffer the straight penalty of imprisonment of four months," it added. 

Strong message

For the man who led the operation and at the forefront of the anger of KOJC members during that time, the decision is a simple reminder of the need to respect the rule of law.

“This is not a celebration, this is not revenge. This is a simple reminder that the law is the law,” said Torre on his Facebook post.

He directed the message to the people whom he described to have chosen to violate the law by setting up barricades, blocking the road and weaponizing the disorder.

The decision of the court, he said, sends a clear message that noises and influence should not hinder the enforcement of the law.

“Justice may be slow but it will come. The court has already decided: Guilty, with penalty and with accountability,” said Torre.

“This should also emphasize that influential people and those in power must follow the law like ordinary people. We will not achieve development if we tolerate wrongdoings.”

Discipline, accountability and the rule of law. These are where orderly society begins," he said.