Journalist says arrest, libel case a ‘special operation’
Veteran journalist Philip Lustre Jr. said his arrest over the weekend had a procedural flaw and was an operation that specifically targeted him.
The arrest has led lawyers to warn that it could create a climate of fear among the press as they called anew to decriminalize libel.
“It was definitely a special operation against me,” Lustre said on social media on Sunday. He added that the move seemed intended to have him arrested on a Saturday and detained over the weekend, when securing bail could be difficult.
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“There was a procedural flaw in the process. That was how deep the Davao group does their thing,” he claimed further.
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Lustre was arrested in Quezon City after a Davao City court issued a warrant for his arrest over violations of Section 4(c)(4) of Republic Act No. 10175, or the Cybercrime Prevention Act of 2012, which penalizes online libel.
The warrant issued on Oct. 2 by Judge Retrina Fuentes of Davao City Regional Trial Court (RTC) indicated that the plaintiff was the “People of the Philippines” against Lustre.
‘No information’
Human rights lawyer Dino de Leon, who represents Lustre, said the arrest was “unfair” since they were not informed of the specific reason or the identity of the complainant.
He added that this could have a “chilling effect” on the media, and exposes a weakness in the justice system.
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“There really was no information provided by the arresting officers when they served the warrant of arrest,” De Leon told the Inquirer.
He earlier cited the incorrect address listed on the warrant, noting that it referred to the Makati office location of the Inquirer, where the journalist is not an employee but a contributor.
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An Inquirer security guard, when asked for comment, said they had not received any information about the matter and would have referred it to management had they been informed.
When asked if they will seek information at the Davao RTC today, De Leon said, “We are planning to send a representative to validate and confirm the facts.”
Bato, Atong hard to catch
De Leon also said libel should be a civil case: “Libel should not be a crime. It should be a private offense.”
He noted that authorities appear to find it easy to arrest journalists, human rights advocates and senior citizens, while individuals like Sen. Ronald “Bato” dela Rosa and Atong Ang remain at large.
In a Facebook post, human rights lawyer and former Supreme Court spokesperson Theodore “Ted” Te shared De Leon’s view and also called for “decriminaliz[ing] libel and cyberlibel.”
Te suggested that the Department of Justice consider conducting a motu proprio investigation to ensure that a similar incident does not happen again.
The National Press Club (NPC) denounced Lustre’s arrest and expressed concern over its possible implications.
“The use of cyberlibel provisions against journalists also raises serious concerns about the potential chilling effect on free expression, public-interest reporting, and the media’s responsibility to hold those in power accountable,” the NPC said in a statement on Saturday.
It said members of the press must be able to perform their duties without intimidation or undue pressure.
The Presidential Task Force on Media Security (PTFoMS) said it “takes serious note of concerns raised by media organizations that libel and cyberlibel laws have been weaponized to target critical voices, intimidate journalists, and discourage reporting on matters of public interest.”
The PTFoMS stressed that laws intended to protect reputations must not be used to harass journalists, stifle legitimate criticism, or prevent the public from accessing information.
‘Culture of intimidation’
Lustre posted bail on Saturday night after his friends in the media pooled money and raised P50,000 to cover the required P48,000.
His friend Jarius Bondoc helped arrange for an inquest judge to work on a Saturday night so he could post bail.
“Philip is free, but what happened to him must not be forgotten,” De Leon wrote on Facebook.
“A 72-year-old journalist was handcuffed and detained over a complaint he had never been given the chance to see before and answer,” he added. “If anyone used the law to harass or needlessly keep an elderly journalist in detention, that person must answer for it.”
Lustre authored the book “Kill, Kill, Kill,” which examines former President Rodrigo Duterte’s drug war.
De Leon warned that the incident highlighted the need to address the “surviving culture of intimidation from the Duterte administration.”
“Big corporations like GMA 7 or ordinary citizens like Lustre—the Dutertes will sue you. They will intimidate you,” he said.
On Friday, Davao City Rep. Paolo “Pulong” Duterte filed libel and cyberlibel complaints against several individuals, GMA Network and its officials and journalists over bribery allegations he described as false and intended to tarnish his reputation.
Among those named in the complaints were GMA Network executives Felipe Gozon and Gilberto Duavit Jr., broadcasters Mel Tiangco and Vicky Morales, journalists Emil Sumangil, Darlene Cay, Marvin Parado and Joel San Luis, and other unidentified respondents.
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“Clearly, their entrenched networks can still be used for something this sinister while they no longer control the presidency, what more if they regain it?” De Leon said. —WITH A REPORT FROM HOLLY BACAY INQ
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