MANILA, Philippines – Prosecutors have dismissed some of the criminal complaints filed by former president Rodrigo Duterte against former Department of the Interior and Local Government (DILG) secretary Benhur Abalos.
In a resolution made public on Thursday, May 22, Assistant State Prosecutor Angelica Laygo Francisco dismissed the malicious mischief and violation of domicile complaints filed against the former interior chief and Philippine National Police (PNP) officers, including PNP chief General Rommel Francisco Marbil.
“WHEREFORE, premises considered, the complaints filed against Secretary Benjamin Abalos Jr., Police General Rommel Francisco D. Marbil, Police Major General Ronald Oliver Lee, Police Brigadier General Aligre Martinez, Police Colonel Edwin Portento, Police Colonel Joselito Clarito, Police Lieutenant Colonel Lino Akiangan, Police Major General Mark Pespes, and Police Brigadier General (Ret.) Ricardo Layug Jr. for Violation of Article 128 and Article 327 of the Revised Penal Code are hereby DISMISSED for lack of probable cause,” the resolution dated May 13 read.
“Ang pagbasura ng kasong inihain laban sa akin bilang dating kalihim ng DILG at sa ilang miyembro ng Philippine National Police ng kampo ni Pastor Apollo Quiboloy ay isang malinaw na tagumpay ng katotohanan at katarungan (The dismissal of the complaints filed against me as former DILG secretary and to some PNP members by Pastor Apollo Quiboloy’s camp is a clear victory for the truth and justice),” the former DILG secretary said.
“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 our action was the correct implementation of the law.) This is the end of the matter. The truth has prevailed,” Abalos added.
Before being picked by Marcos to lead the DILG, Abalos served as Metropolitan Manila Development Authority chairman under Duterte.
Duterte’s complaints stemmed from the June 10, 2024 operation, where around 400 PNP personnel – Special Action Force (SAF) and the Criminal Investigation and Detection Group (CIDG) – conducted a police operation at Glory Mountain Compound in Barangay Tamayong, Davao City.
Another incident occurred at the Kingdom of Jesus Christ (KOJC) central compound in Davao City, where SAF and CIDG personnel attempted to enter the place.
“Approximately nine (9) SAF members reportedly climbed over and entered the premises, leading to a confrontation with KOJC members, some of whom sustained injuries. A separate team attempted to breach the Emerald Gate using a police truck and a metal pole. Damage was sustained by both gates, with estimated repairs at P28,000. According to the complainant, police only contacted him after the entry had occurred,” the resolution quoted.
Duterte, who’s now detained in The Hague, the Netherlands, over his crimes against humanity case, is the administrator of KOJC properties. The former president shares close ties with KOJC founder, Apollo Quiboloy, who’s also under detention over trafficking and abuse cases.
Quiboloy was arrested by the PNP in September last year after a weekslong standoff in Davao City. He is now facing trial for his cases in local courts. Apart from this, Quiboloy is also included in the Federal Bureau of Investigation’s most wanted list in the United States over alleged trafficking.
On September 9 last year — the same day of Quiboloy’s arrest — Abalos announced that Duterte has filed multiple complaints against them:
- A civil case in relation to the manhunt against Quiboloy filed at the Davao Regional Trial Court Branch 15;
- Domicile, interruption of religious worship, offending religious feelings, and grave threats; and administrative suits (grave misconduct, grave abuse of authority and/or conduct unbecoming of a public officer) filed by Sonia Advincula at the Davao City prosecutor’s office;
- Two counts of malicious mischief filed by Duterte at the Davao City prosecutor’s office.
Prosecutor’s explanation
According to the prosecution, malicious mischief is committed if the three essential elements are present:
- the offender deliberately caused damage to the property of another
- such acts do not constitute arson or other crimes related to destruction and
- the act was committed for the sake of causing damage or out of hatred or similar motives.
However, the element of “malice” was strikingly absent in Duterte’s allegations against Abalos, according to the prosecution.
“A plain reading of the complaints discloses that the alleged damage to the KOJC gates and other structures arose in the context of a large-scale police operation aimed at the service of valid arrest warrants issued by a court,” the resolution said.
“The respondents explain that tactical entry methods were used only after attempts at peaceful dialogue failed, and that damage to property was merely incidental to the fulfillment of their official mandate,” it added.
The prosecution also explained that Abalos and other respondents were not even present at the scene. It explained that mere presence, much less absence, does not equate “to the deliberate and malicious commission of an overt act.”
Violation of domicile, meanwhile, is committed when public officers dwelled in a place against the will of the owner and without a judicial order. However, the prosecution said the respondents asserted that they acted through warrants issued by courts.
“In the instant case, no evidence has been presented that the police acted without such a belief or that the respondents entered any premises in patent defiance of the law,” the resolution read. – Rappler.com
