Quiboloy and freedom of religion

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If Mr. Quiboloy is truly innocent as he claims, it is better that he faces the charges with utmost courage

In recent weeks, Filipinos have been fascinated by the drama unfolding during the Senate hearing investigating the reported abuses. The Kingdom of Jesus Christ, the self-proclaimed Son of God, Pastor Apollo Quiboloy.

During the Senate hearing, Mr. Quiboloy stubbornly refused to attend the hearings and, through his lawyer, denounced the alleged violation of his constitutional rights, arguing that the Senate hearing is a usurpation of the judiciary.

Is Quiboloy right to refuse?

The power of the Senate and the House of Representatives and their respective committees to conduct investigations for the purpose of legislation is clearly set out in Article 21, Art. VI of the Constitution.

As clearly explained in existing case law: “…. This power is closely linked to the express power of legislation and does not even have to be expressly granted. Nevertheless, the framers of the Constitution saw fit to include a provision that would clearly define this power.

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“However, the inclusion of the rule on legislative investigations in the Constitution was not intended to authorize the conduct of such investigations, but to limit them and prevent possible abuse.”

Moreover, it is an essential condition for its conduct that it must support legislation, whether it is already under consideration or still in preparation.

Does the Senate investigation support the legislation?

I can answer this in the affirmative.

Committee Chair, Senator Risa Hontiveros, in her opening statement, identified the relevant areas of legislative concern:

• Are there cases of abuse of power and authority, or of manipulation of vulnerable individuals (key components of human trafficking)?

• Or is it simply the practice of religious beliefs according to its principles and teachings?

• What changes should be made to ensure the greatest possible protection for victims of exploitative religious behavior, without infringing on the freedom to practice one’s religion?

The investigation is not intended to pronounce the guilt or innocence of the pastor.

Because it is not a court of law, it is beyond the power of the commission to find him guilty or innocent.

As mentioned, the committee’s sole task is to investigate which areas of attention require appropriate legislation.

Congress cannot properly perform this essential function unless it is equipped with the power to compel the presence of relevant witnesses, including and especially the PAQ, the Supreme Leader of KOJC.

Nor can Mr. Quiboloy validly refuse to recognize the arrest warrants against him on the grounds of violation of religious freedom.

The 1987 Constitution guarantees freedom of religion and worship, which includes a dual aspect, namely the freedom to believe and the freedom to act on one’s beliefs.

The first is absolute as long as faith remains limited to the domain of thought.

The second is subject to regulation where the belief is translated into external actions that affect the common good.

As such, the guarantee of religious freedom does not serve to protect Mr. Quiboloy or any other religious minister or member from being held liable for overt acts that constitute a violation of criminal law or criminal law.

A regional court in Pasig City ordered the arrest of fugitive Apollo Quiboloy on aggravated human trafficking charges and a new arrest warrant in Davao on child molestation and sexual abuse charges.

These are criminal charges that fall outside the scope of religious freedom.

The fact that the arrest warrants were issued proves that there is sufficient evidence to believe that crimes were committed and that Quiboloy and his co-defendants were likely guilty of such crimes.

Of course, until proven guilty beyond a reasonable doubt, he is presumed innocent.

Quiboloy is in a serious legal situation.

Aside from local courts, he is now also wanted by US authorities, earning him a spot on the Federal Bureau of Investigation’s most wanted list.

The charges against them range from sex trafficking, fraud and coercion to visa abuse, cash smuggling and money laundering.

If Mr. Quiboloy is truly innocent as he claims, it is better that he faces the charges with utmost courage.

By fleeing from the law, he digs himself deeper and deeper into a hole from which there is no escape.

Website: tonylavina.com Facebook: Tony La Viña of tonylavs

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