The Department of Justice (DOJ) has dismissed the criminal charges filed by former president Rodrigo Duterte against Interior Secretary Benhur Abalos and Philippine National Police (PNP) chief Gen. Rommel Marbil over the service of an arrest warrant on Pastor Apollo Quiboloy in Davao City.
In a 13-page resolution dated May 13, Assistant State Prosecutor Angelica Laygo-Francisco ruled that there was a “lack of probable cause” to pursue cases of malicious mischief and violation of domicile against Abalos, Marbil, and several other police officials involved in the raid.
The charges stemmed from the forced entry into the Kingdom of Jesus Christ (KOJC) properties in Barangays Buhangin and Tamayong to serve the arrest warrant on Quiboloy, who is facing various criminal cases. Duterte filed the complaint in his capacity as the “kingdom administrator” of KOJC properties in the Philippines.
Named along with Abalos and Marbil were Brig. Gen. Aligre Martinez, Maj. Gen. Ronald Oliver Lee, Col. Edwin Portento, Col. Joselito Clarito, Lt. Col. Lino Akiangan, Maj. Gen. Mark Pespes, and Brig. Gen. Ricardo Layug.
The resolution emphasized the absence of evidence linking the respondents to any criminal act.
“It bears emphasis that criminal prosecutions demand more than the invocation of high office and presumed authority. The law requires evidence of individual culpability — of specific, intentional acts that constitute the offense. The present complaints offer none,” it stated.
Prosecutors also noted that at least three of the officials were not present at the KOJC sites during the operations.
“The totality of evidence fails to show that they personally committed or directed the commission of either malicious mischief or violation of domicile,” the resolution added. “Their actions, as alleged, fall within the realm of lawful performance of duty and are protected by the presumption of regularity in official functions.”
