FACT CHECK: KOJC lawyer wrongfully denies Quiboloy’s status as a fugitive
A 1995 Supreme Court case ruled that ‘fugitive from justice’ includes not only those who flee after conviction to avoid punishment but also those who, after being charged, flee to avoid prosecution
Claim: Kingdom of Jesus Christ (KOJC) leader Apollo Quiboloy is technically not a fugitive from justice because there is no official court conviction and the charges against him are still under question.
Rating: False
Why we fact-checked this: The YouTube video bearing the claim was posted on June 16 by a YouTube channel with 775,000 subscribers. As of writing, it has 36,552 views, 1,100 likes, and 342 comments.
The video shows KOJC lawyer Israelito Torreon in a June 12 interview with journalist Ed Lingao on One News. Torreon said Quiboloy, who faces arrest orders for child abuse, sexual abuse of a minor, and a non-bailable human trafficking case, is technically not a fugitive from justice because the court has not yet convicted him. Additionally, he said that Quiboloy’s indictment was still under question because his legal team has filed a motion for reconsideration, petitioning that the court ruling is erroneous and improper.
The facts: In Marquez, Jr. vs. COMELEC promulgated on April 18, 1995, the Supreme Court said “‘fugitive from justice’ includes not only those who flee after conviction to avoid punishment but likewise those who, after being charged, flee to avoid prosecution.”
The Court added: “The definition thus indicates that the intent to evade is the compelling factor that animates one’s flight from a particular jurisdiction. And obviously, there can only be an intent to evade prosecution or punishment when there is knowledge by the fleeing subject of an already instituted indictment, or of a promulgated judgment of conviction.”
The KOJC leader has remained at large since a Davao court ordered his arrest for alleged sex trafficking in March, followed by an arrest warrant issued by the Pasig Regional Trial Court over human trafficking charges. A manhunt has been ongoing since April as Quiboloy evades these arrest warrants, with the preacher refusing to surrender and saying he will “not be caught alive.” A P15-million reward is being offered for information on Quiboloy’s whereabouts.
ALSO ON RAPPLER
- FAST FACTS: What’s the North-South Commuter Railway?
- ‘Long story, personal’: Sara Duterte teases reason behind Marcos Cabinet exit
- Why Manila ended up 5th riskiest city for tourists out of 60 int’l cities
- Why is the China Coast Guard’s biggest ship still in Escoda Shoal?
- How PCIJ investigated Grab’s surge pricing model
Motion for reconsideration: According to the Supreme Court, a motion for reconsideration refers to a legal petition filed “to convince the court that its ruling is erroneous and improper, contrary to the law or the evidence.”
Quiboloy’s lawyers have filed a motion for reconsideration asking the Department of Justice to reconsider the filing of charges against the preacher. As of writing, there has been no resolution on the motion, and the charges against him stay.
Aside from being wanted by Philippine courts, Quiboloy is also on the US Federal Bureau of Investigation’s most wanted list for his alleged participation in a labor trafficking scheme that brought Church members to the US using fraudulent visas, among other offenses. (READ: FAST FACTS: Who is Pastor Apollo Quiboloy, the ‘Appointed Son of God’?) – Luis Garcia/Rappler.com
Luis Garcia is a research volunteer at Rappler. He is an incoming fourth-year BS Economics student at the University of the Philippines Diliman. This fact check was reviewed by a member of Rappler’s research team and a senior editor. Learn more about Rappler’s fact-checking mentorship program here.
Keep us aware of suspicious Facebook pages, groups, accounts, websites, articles, or photos in your network by contacting us at factcheck@rappler.com. Let us battle disinformation one Fact Check at a time.