Quiboloy must appear before Senate probe, says retired SC justice
Kingdom of Jesus Christ founder Apollo C. Quiboloy (Screengrab from SMNI News Youtube channel)
MANILA, Philippines — “The jurisprudence on the subpoena power of the Senate or its Committees and the right of the person subpoenaed against self-incrimination is well-settled.”
This is what retired Supreme Court Justice Antonio Carpio said in a statement on Sunday regarding religious leader and alleged sex offender Apollo Quiboloy’s refusal to appear before the Senate on the ground of his right against self-incrimination.
According to Carpio, the person who was issued a subpoena, in this case, Quiboloy, must appear before the Senate committee and may raise the right of incrimination “only when the incriminating question is asked.”
Citing a 2009 jurisprudence, the retired Chief Justice highlighted that the subpoenaed individuals must invoke their right against self-incrimination “only when the incriminating question is being asked, since they have no way of knowing in advance the nature or effect of the questions to be asked of them.”
In the same jurisprudence, it was stressed that responding to a subpoena is an “unremitting obligation of every citizen.”
Meanwhile, the retired justice also cited Section 19 of the Senate’s Rules of Procedure Governing Inquiries in Aid of Legislation, which says that a “witness can invoke his right against self-incrimination only when a question which tends to elicit an answer that will incriminate him is propounded to him.”
“All those subpoenaed by the Senate or its Committees in aid of legislation have no choice but to appear before the Senate or its Committees,” Carpio said.
“They may raise the right against self-incrimination, and refuse to answer the incriminating question, only after the question is asked. Before an incriminating question is asked by the Senate or its Committees, there is no constitutional right that may be violated,” he added.
On March 15, Quiboloy’s lawyer, Melanio Balayan said that the religious leader’s appearance before the Senate will result in him sacrificing his fundamental bill of rights.
The Senate is investigating the Kingdom of Jesus Christ founder for alleged human trafficking and abuses of his church’s members.
Quiboloy, however, has already snubbed the Senate’s invitation on three separate occasions on January 23, February 19, and March 5.
