DOJ dismisses Duterte's complaints vs. Abalos, Marbil over warrant serving at KOJC
The Department of Justice (DOJ) has dismissed the malicious mischief and domicile complaints filed by former President and KOJC property administrator Rodrigo Duterte against former Interior Secretary Benhur Abalos and other officials.
In a 14-page joint resolution, the DOJ dismissed the two counts of malicious mischief filed against Abalos, Philippine National Police chief Police General Rommel Marbil, and others for damaging the gate of the compound during the serving of warrants against KOJC founder Apollo Quiboloy in August 2024.
The DOJ ruled that there was no malice present.
'No evidence—direct or circumstantial—has been offered to show that any of the respondents, much less those who were not physically present, acted with malicious intent,' the resolution read.
'At best, the complainants impute malice based on the scale and nature of the operation, which is legally insufficient,' it added.
Aside from this, the DOJ dismissed the complaint for violation of domicile filed against Abalos, Marbil, and other cops.
Duterte alleged that the police officers forcibly entered the compound and residential quarters without a search warrant, violating their domicile right.
However, the DOJ said that no evidence was presented that the police entered any premises in defiance of the law.
'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 read.
'Absent any overt act that constitutes an element of the crimes charged, and in the absence of malice, unlawful intent, or personal participation, this Office finds that no probable cause exists to warrant the indictment of the respondents,'
The complaint was dismissed by Davao Acting City Prosecutor Angelica Laygo-Francisco.
Last August, tensions rose between the KOJC and the PNP as the latter attempted to serve the arrest warrants against Quiboloy. This ended with Quiboloy's surrender to authorities in September after he was given an ultimatum to turn himself in within 24 hours.
Quiboloy is facing charges under Section 5(b) and Section 10(a) of Republic Act 7610 or the Special Protection of Children Against Abuse, Exploitation, and Discrimination Act.
He is also facing a non-bailable qualified human trafficking charge under Section 4(a) of Republic Act No. 9208, as amended, before a Pasig court.
In a statement, Abalos welcomed the dismissal, saying it is a win for truth and justice.
'It affirms that all our actions were in accordance with the law. Ito ay malinaw na ang aming ginawa ay tamang pagpapatupad ng batas [It is clear that what we did was a proper implementation of the law],' he said.
'This is the end of the matter. The truth has prevailed,' he added. — BM, GMA Integrated News
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