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THE Department of Justice (DOJ) has dismissed the malicious mischief and violation of domicile complaints filed by former President Rodrigo Duterte against Philippine National Police (PNP) Chief Rommel Marbil, former Interior Secretary Benhur Abalos, and several others over the arrest of Kingdom of Jesus Christ (KJC) Pastor Apollo Quiboloy.

Duterte, who filed the complaints as the administrator of the KOJC, said that the large-scale operation to arrest Quiboloy was “excessive and unjustified,” allegedly carried out without a search warrant or sufficient grounds to believe the suspects were present.

In a resolution signed on May 13 by Assistant State Prosecutor Angelica Laygo-Francisco, the DOJ stated that the complaints lacked the elements to support a finding of probable cause.

“The records are barren of any factual or legal basis to sustain the prosecution of the respondents for the offenses charged. Their actions, as alleged, fall within the realm of lawful performance of duty and are protected by the presumption of regularity in official functions,” the resolution read.

Several police officials, including Maj. Gen. Ronald Oliver Lee, Brig. Gen. Aligre Martinez, Cols. Edwin Portento and Joselito Clarito, Lt. Col. Lino Akiangan, Maj. Gen. Mark Pespes, and retired Brig. Gen. Ricardo Layug Jr, were also cleared.

“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 DOJ said in a report by Philstar.

The complaint cited the doctrine of command responsibility, seeking to hold Abalos and Marbil liable for their subordinates’ actions. However, the DOJ pointed out that “other than invoking command responsibility, no other evidence was presented to support their allegations.”

Quiboloy is currently detained in Pasig City and is facing charges of human trafficking, and sexual and child abuse.(John Clyron Matillano, CTU-TC Intern)

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