RESPONDING to the show-cause order issued by the Senate Committee on Women, Kingdom of Jesus Christ (KoJC) leader Apollo Quiboloy on Friday presented three legal justifications for why he should not be arrested.

In the 19-page "Compliance and Legal Justifications" statement signed by his lawyer, Melanio Elvis Balayan, Quiboloy said the Senate investigation compelling him to testify "over his alleged commission of grave crimes is not in aid of legislation but is tantamount to usurpation of judicial functions beyond the powers of the Senate."

Kingdom of Jesus Christ (KJC) founder Apollo Quiboloy

The Senate inquiry also "is tantamount to usurpation of judicial functions beyond the powers of the Senate," Quiboloy argued.

Lastly, the Proposed Senate Resolution 884 that called for the probe "is brazenly incriminatory," since it "categorically" declared that Quiboloy is guilty for crimes he is accused of, "totally disregarding the constitutional presumption of innocence until proven guilty beyond a reasonable doubt."

The statement was received by the Office of Senator Ana Theresia "Risa" Hontiveros at 8:40 a.m. Friday, or within the 48 hours given to Quiboloy's camp to submit its response.

It was also received by personnel from the Senate Office of Sergeant-at-Arms, and a copy was furnished to Senate President Juan Miguel Zubiri.

In response to Quiboloy's response, Hontiveros said she will request Zubiri to approve the arrest warrant against the religious leader.

"Quiboloy will be detained in the Senate for not attending the hearing, and not for the serious accusations of the victims against him," Hontiveros said.

She said she has requested that the issuance of the show-cause order be brought to the plenary for its approval.

"In truth, the show-cause order is not in the Rules. It was a courtesy extended to Sen. Robin (Padilla), at the request of the SP (Senate President)," Hontiveros said.

Since it is not in the chamber's rules, there is a "need for a hearing in plenary to resolve the show-cause order," she said.

Hontiveros said the arguments that Quiboloy presented in his response were the same ones mentioned by his lawyer during the first hearing of the women's committee.

She said the camp of Quiboloy should have also looked into precedents in the Senate. Among them:

– Sen. Cynthia Villar cited Davidson Bangayan in contempt and ordered his arrest even if criminal charges were already filed against him.

– Sen. Ronald "Bato" de la Rosa continued to hear about the disappearance of Catherine Camilon even though charges were filed against the police officer believed to have killed her.

– Sen. Maria Imelda Josefa "Imee" Marcos presented witnesses with covered faces and used aliases in her hearing on people's initiative.

And during the Senate hearings on the killing of Horacio Castillo, Zubiri himself turned down the right against self-incrimination excuse and used the contempt power of the Senate.

Because of this, the "Anti-Hazing Law of 2018," or RA 11053, was passed, Hontiveros said.

As to the argument that the show-cause order was, Hontiveros reiterated that the Senate is not a court and cannot judge guilt or innocence.

The Senate resolution was merely a proposal and becomes binding only when passed in plenary. Even then, it cannot be a source of rights, duties, or liabilities, Hontiveros said.

"Quiboloy must show himself and stop all the drama," she said.

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