Luna, in a privilege speech at the Sangguniang Panlungsod on Tuesday, September 3, said that while she respects the PNP for their conduct of serving the warrant of arrest for the embattled pastor, constitutional rights must not also be overlooked.
“I respect and acknowledge the power of the court to issue a warrant of arrest and the authority of police to enforce the same. However, when the enforcement of the warrant is accompanied with the use of excessive force, the seizure of private property, and the disregard for the rights of others, we must ask ourselves if this is still what the law provides,” the young councilor said.
She added that the serving of the warrant, which started on August 24, affected not only KOJC members but also Dabawenyos, as it caused inconvenience, especially to those who have flights, work, and classes.
She also said that the road closures greatly affected the commuters coming to and from their homes to school or work.
“However, more than these inconveniences, what we all should look into is the effect that these actions have on the rule of law and our rights under the constitution. Many forget that in the KOJC compound is a school that caters students from preschool to law school,” she added.
The school that she referred to is Jose Maria College (JMC), where police forces are reportedly making an excavation intending to locate the pastor.
Since August 24, JMC has shifted to an online modality of learning while tensions inside the religious compound are still ongoing.
Acosta said schools should remain “zones of peace” and that police personnel should not be staying within premises.
“Since the operations began until this day, Jose Maria College has not been able to open its doors to its students due to the continued police presence in the buildings themselves,” Acosta said.
The councilor also criticized the ongoing operation inside KOJC’s cathedral, which was declared off-limits to members, as it is currently used as the police’s command post.
This was the reason the KOJC community celebrated their 39th anniversary in the compound’s open grounds on Sunday, September 1.
Acosta requested the PNP to at least respect the beliefs of the members and let them worship in their own way.
The councilor also said that the ongoing efforts to arrest Quiboloy also affect the police who are deployed in the operation, as most of them are from outside the Davao Region.
“I feel for our police personnel who have been assigned to this operation, many of them have not eaten or sleep properly since this began. Most of them are not even from Davao Region, and have families worrying for their wellbeing,” she said.
On Torre’s assurance of coordination
The 20th Davao City council summoned Police Regional Office-Davao Region (PRO-Davao) director, BGen. Nicolas Torre III last July 23, 2024, following the recent issues of the appointment of the acting city police director.
Acosta said that Torre vowed to the council to maintain its coordination with the city government with regards to the police operations under the latter’s office to be conducted within the territorial jurisdiction of the city.
“He emphasized that part of his duties as the regional director of the Police Regional Office 11 is to align with the local government, and foster good relations,” the councilor said.
However, she said, “this did not happen.”
“We were all caught off guard, and then left to deal with the consequences of their actions,” she said.
Acosta said Torre’s directive has affected the city’s peace and order and has caused doubts on the Dabawenyos’ trust and confidence in them.
‘No one is above the law’
Acosta, who is also a law practitioner, emphasized that nobody is above the law.
“We must remind ourselves, no one is above the law. Not the police who enforce it, the lawyers who defend it, the lawmakers who craft it, not even the President who orders it,” the councilor said.
While the ongoing operations are “justified,” considering that the search warrant was issued by the court, she said that “other laws should not be disregarded.”
“To our Philippine National Police, all the officers and personnel, what we ask is that you respect the rule of law and ensure that constitutional rights are not being overlooked in the service of warrant of arrest.” Acosta added.
The councilor also urged Dabawenyos to oppose the ongoing assaults on peace and public safety, encouraging them to speak out and not remain silent when their rights are being violated.
The council passed a resolution in relation to the matter.
Torre has not issued any statement in response to the City Council’s resolution.
Meanwhile, despite the issuance of the Temporary Protection Order (TPO) by the Regional Trial Court (RTC) Branch 15, on August 28, 2024, police forces remained present at the religious compound for nearly two weeks. RGL
