By Benjamin Pulta
MANILA – The Department of Justice (DOJ) has dismissed the charges filed by former president Rodrigo Duterte against Interior Secretary Benhur Abalos and Philippine National Police chief Gen. Rommel Marbil in connection with the serving of the arrest warrant against Pastor Apollo Quiboloy in Davao City.
In a 13-page resolution dated May 13, Assistant State Prosecutor Angelica Laygo-Francisco “dismissed for lack of probable cause” the charges of malicious mischief and violation of domicile against Abalos, Marbil and other PNP officials for damaging the gate of the Kingdom of Jesus Christ (KOJC) compound in Barangay Buhangin and at the Prayer and Glory Mountains in Barangay Tamayong.
Duterte, filed the complaint in his capacity as “the kingdom administrator of all properties within the Philippines of the executive pastor of the Kingdom of Jesus Christ, the Name Above Every Name, Inc.”
Included as respondents 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.
In dismissing the charges, the prosecutors said there was no proof sufficient to charge the officials, at least three of which were not even present on the site during the raid.
“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,” the resolution read.
It said the records are barren of any factual or legal basis to sustain the prosecution of the respondents for the offenses charged.
“The totality of evidence fails to show that they personally committed or directed the commission of either malicious mischief or violation of domicile. Their actions, as alleged, fall within the realm of lawful performance of duty and are protected by the presumption of regularity in official functions,” it added. (PNA)
