Carpio: Quiboloy has ‘no choice” but to respond to Senate subpoena

In a statement, Carpio said that Quiboloy must appear before the Senate Committee and may only invoke his right against self-incrimination only when an incriminating question is asked.

“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,” the former top Supreme Court magistrate 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.

Carpio also pointed out that 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.”

Citing a former ruling, the former SC official  further emphasized that “[t]he unremitting obligation of every citizen is to respond to subpoena, to respect the dignity of the Congress and its Committees, and to testify fully with respect to matters within the realm of proper investigation.”

Prior to citing Quiboloy in contempt, Senator Risa Hontiveros, who is leading the investigation against the KOJC leader, disclosed a letter dated February 28, sent by Quiboloy’s lawyer Melanio Balayan addressed to her and Senate President Juan Miguel Zubiri.

According to Balayan’s letter, the issuance and enforcement of the subpoena “is in wanton violation of the fundamental and sacred constitutional rights” of Quiboloy against self-incrimination and the presumption of innocence until proven guilty beyond reasonable doubt.

“With the criminal charges against him being tried virtually in public through the [S]enate committee and all available media, our Client is now being humiliated, ridiculed, harassed and maligned at all media fronts with reckless abandon as if he was already a convict. The essence of due process of law—that hears before it condemns—is being rendered useless under the present circumstances. We thus invoke our Client’s right against further incrimination by recusing himself from the ongoing investigation,” the letter read.

On March 19, the Senate officially released an arrest order against Quiboloy for “unduly refusing to appear, despite due notices” at the hearings of the Senate Committee on Women, Children, Family Relations and Gender Equality.

That same day, the Department of Justice (DOJ) announced that child abuse and human trafficking charges have been filed against Quiboloy and five others.

Quiboloy remains wanted by the Federal Bureau of Investigation (FBI) and is believed to be in the Philippines.

In an audio message in February, Quiboloy denied the allegations against him and accused the US government, allegedly with help from Philippine government officials, of plotting to “eliminate” him through rendition.—RF, GMA Integrated News