DOJ Dismisses Duterte's Complaints Against Top Police Officials

Strategic Insights -

Former President Rodrigo Duterte's complaints against ranking police officials over the search for televangelist Apollo Quiboloy in Davao City last year have been dismissed by the Department of Justice (DOJ). The complaints, which alleged malicious mischief and violation of domicile, were deemed "bereft of the essential elements" of the crimes. The DOJ's 14-page joint resolution, dated May 13, noted that the evidence presented by Duterte failed to show any crime and that the police officials' actions were lawful and protected by the presumption of regularity in official functions.

Key Takeaways:

  • The DOJ dismissed Duterte's complaints against former Interior Secretary Benhur Abalos and ranking police officials over the search for Apollo Quiboloy in Davao City last year.
  • The complaints, which alleged malicious mischief and violation of domicile, were deemed "bereft of the essential elements" of the crimes.
  • The DOJ's resolution noted that the evidence presented by Duterte failed to show any crime and that the police officials' actions were lawful and protected by the presumption of regularity in official functions.
  • The prosecutors found that the police operation was lawful and that the respondents did not act with malicious intent.
  • Malicious mischief, under Article 327 of the Revised Penal Code (RPC), requires the concurrence of three essential elements: the offender deliberately caused damage to the property of another, the act does not constitute arson or other crimes involving destruction, and the act was committed merely for the sake of causing damage, or out of hatred, revenge, or other similar motives.
  • The prosecutors also found that there was no evidence presented to show that the police acted with violence or intimidation, or that the respondents entered any premises in patent defiance of the law.
  • Absent any overt act constituting an element of the offense, criminal liability cannot be imputed upon the high-ranking respondents.

Statistics:

  • 14: The number of pages in the DOJ's joint resolution dismissing Duterte's complaints.
  • 400: The number of police officers who raided the Glory Mountain Compound in search of Quiboloy.
  • 2024: The year the raid on the Glory Mountain Compound took place.
  • 3: The number of essential elements required to prove malicious mischief under Article 327 of the RPC.
  • 2: The number of weeks the standoff between the police and Quiboloy lasted.

Sources:

  • Department of Justice (DOJ)

+ Joint resolution dated May 13, 2023

  • Revised Penal Code (RPC)

+ Article 327: Malicious mischief

+ Article 128: Violation of domicile

  • Duterte, Rodrigo

+ Complaints against ranking police officials over the search for Apollo Quiboloy in Davao City last year.