Ombudsman Remulla: DOJ should probe due process concerns in Lustre case

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Ombudsman Jesus Crispin Remulla on Monday said the Department of Justice (DOJ) should investigate claims that journalist Philip Lustre Jr. was not served a subpoena before a Davao court issued an arrest warrant against him for cyberlibel.

“Kailangan maimbestigahan ng DOJ ‘yan kung anong nangyari bakit hindi dumating. Anong nangyari sa subpoena, anong nangyari sa documents na ipinadala sa respondent,” Remulla, a former justice secretary, said in an ambush interview.

(The DOJ needs to investigate what happened and why the subpoena did not arrive. What happened to the subpoena? What happened to the documents sent to the respondent?)

“Kailangan pag-aralan ng DOJ ‘yan na hindi na mangyari,” he added.

(The DOJ needs to look into this to ensure it does not happen again.)

Police arrested Lustre in Quezon City over the weekend on the strength of a warrant issued by a Davao court in a cyberlibel case.

The details of the complaint against the 73-year old veteran journalist and book author remains unclear. Lustre, who wrote the book titled "Kill, Kill, Kill" which is about the Duterte drug war, was quoted as saying he was not aware of any complaint lodged against him.

Lustre’s camp said it was examining what appeared to be a deprivation of his right to due process during the preliminary investigation, noting that no subpoena or notice had been served on or received by him.

According to Remulla, some complainants deliberately provide prosecutors with incorrect addresses for respondents, potentially preventing them from receiving notices and other case documents.

“May modus kasi ‘yan, ‘yung mga nagfa-file ng kaso, binibigyan ng wrong address ang prosecutor and sometime the prosecutor has to rely on the complainant,” he said.

(There is a prevailing modus in which those who file cases give prosecutors the wrong address, and sometimes prosecutors have to rely on the complainant.)

However, Remulla stressed that prosecutors must exercise due diligence to ensure that respondents are properly notified.

“Eh dapat hindi nangyayari ‘yan. It should not happen. Kasi may ano ‘yung mga prosecutor na mag due diligence. Meron din silang duty to contract due diligence,” he said.

(That should not happen. Prosecutors are required to exercise due diligence and have a duty to ensure that proper procedures are followed.)

Lustre was temporarily released from detention late Saturday night after posting bail of P48,000.— MCG, GMA News

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