- Veteran lawyer raises concerns over DOJ’s planned prosecution of Davao judge
A DAVAO lawyer express his thoughts on the announcement from Department of Justice Secretary Jesus Crispin Remulla of the intention to file charges against Judge Mario Duaves for issuing a Temporary Protection Order is troubling to say the least.
Lawyer Caesar Europa, in his Facebook post said “First, it is clear that the TPO did not stop the PNP from implementing the Warrant of Arrest against Pastor Quiboloy and other accused. The TPO 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.”
“While the TPO itself was already clear on this fact, Judge Duaves even issued a Supplemental and Clarificatory Order specifically stating that the TPO did not nullify or cancel processes related to warrantless arrest.”
Second, the courts of Davao City have jurisdiction to issue the TPO. In fact, NO OTHER TRIAL COURT would have had such jurisdiction because the acts sought to be stopped or enjoined were happening in Davao City.
The transfer of the venue of the criminal cases against Pastor Quiboloy Et Al, did not remove the jurisdiction of other courts to act on separate cases such as the petition that gave rise to the TPO.
Third, 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.
“This is against the fundamental power of Judicial Review that is enshrined in our Constitution,” Atty. Europa said.
“This is part and parcel of the CHECKS AND BALANCES upon which our system of government is based,” he added.
I certainly hope that the DOJ takes a step back to review and reconsider this intended course of action as it does not bode well for our country and our people.
When asked on Monday afternoon if the Judge did not act on the writ of Amparo filed by KOJC lawyer Atty Torreon, Atty. Europa, said its the discretion of the judge if he grant the application for TPO or deny.
“Kung mali iyang pag grant ang remedy is mag recon or mag certiorari dili kay mag file og charges,” Europa said.
“Pero wa koy makita nga mali ato klaro man nga wala niya gibawal ang pag implement sa warrant,” he added.
“Ang gipa stop lang niya kay kato pud acts sa pulis nga nilapas na pud sa ilang authority like dili pagawason o pasudlon mga taga KOJC,” he further explained.
Meanwhile, in a recent statement of DOJ Secretary Remulla.
Despite the protection order issued by the court, the service of warrant of arrest against the fugitive preacher will still push through.
“The writ of amparo could not hold against…that was filed against the police, could not prevail over a lawful order of the court that directs them to arrest the person, and it’s the same, the same court level that issued it that’s why we are not really about to raise our hands and surrender to the court in that manner, so we are continuing the arrest efforts,” Justice Secretary Jesus Crispin Remulla said in the Senate hearing deliberating on the DOJ’s budget for 2025.
