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Councilor to PNP: Uphold the rule of law, respect the Constitution

COUNCILOR Luna Acosta reminded the Philippine National Police (PNP) to uphold the rule of law and respect the Constitution amid the ongoing tension with the members of the Kingdom of Jesus Christ (KOJC).

Acosta, who is a lawyer, passed a resolution on Tuesday during the city council’s regular session raising alarm and questions on the continued manhunt operations of PNP on KOJC evangelist Pastor Apollo Quiboloy.

“To our Philippine National Police, all our officers and personnel on the ground, what we ask is that you respect the rule of law and ensure that no Constitutional rights are being overlooked in the service of the warrant of arrest,” Acosta said in her privilege speech.

She cited the Supreme Court ruling in the case of People vs Aruta that violating a law to enforce another is not allowed in a free society, “especially if the law violated is the Constitution itself.”

The councilor said while she acknowledged the power of the Court to issue warrants of arrest and the police authority to enforce them, she questioned whether the law is still followed in the current actions of the PNP.

“However, when the enforcement of the warrant is accompanied by the use of excessive force, the seizure of private property, and the disregard for the rights of others, we must ask ourselves, is this still what the law provides?” she said.

Acosta said the warrant has affected not only the KOJC members but all Davaoeños who were inconvenienced by the road closure on the first days of the siege.

She added not to mention the students from preschool to post-graduates who have been affected by the disruption of classes in Jose Maria College, a non-sectarian school inside the KOJC compound when schools must remain a Peace Zone- as provided in Department of Education Order No. 44 series of 2005.

The order provides that classes should not be disrupted and armed personnel should not be allowed to remain therein. 

Since the first day on August 24, JMC has not been able to open its doors to its students due to continued police presence.

She also questioned President Ferdinand Marcos Jr.’s statement that there were no armed police when several photos and videos on social media prove otherwise.

Throwing shade at the President, she added the PNP operations should not be led by the orders of an authority “who does not even seem to know what the true situation on the ground is.”  

Acosta expressed sympathy towards the KOJC members as instead of worshiping in their cathedral, they were forced to conduct their anniversary celebration in the open grounds last Sept. 1 for their 39th Anniversary of the KOJC. 

“While the Philippine National Police may not necessarily believe in the teachings of the Kingdom of Jesus Christ, the least that could be done is to respect their right to believe and worship in their own way,” she said.

The councilor stressed Brigadier General Nicolas P. Torre III did not remain true to his words to align with the local government and foster good relations, as he assured during his courtesy call to the City Council last July 23.

She added the city government was caught off guard as rather than working harmoniously, the PNP’s actions “caused great harm to our peace and have shaken our trust.”

Acosta also questioned the excessive number of police force when there is an ongoing alleged personnel shortage in the country, hence the need to remove personnel from the Office of Vice President Sara Duterte.

“I cannot help but wonder why they would spend millions of pesos and thousands of personnel for this manhunt alone,” she added.

The councilor said while the ongoing operations inside the KOJC are justified according to the order of the court to enforce a warrant, this does not necessitate other laws be disregarded.

“We must remind ourselves no one is above the law, not the police who enforce it, not the lawyers who defend it, the lawmakers who crafted it, not even the President who orders it,” she added.

 

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