Lawyer tags VP husband in cyberlibel rap vs journo

The lawyer of Philip Lustre Jr. on Monday identified Manases Carpio, the husband of Vice President Sara Duterte, as the private complainant in the cyberlibel case filed against the 72-year-old veteran journalist who was arrested over the weekend.

“We will confront this case properly and we reserve our client’s right to file the appropriate counter-charges,” lawyer Dino de Leon told the Inquirer in a Viber message.

“We are still evaluating our next steps, but we are definitely reserving the right of Ka Ipe (Lustre) to file the appropriate charges against those who are violating his constitutional right,” De Leon said.

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Based on a copy of the court information on the complaint filed against Lustre by the People of the Philippines before the Davao City Regional Trial Court (RTC), the charge stemmed from his Facebook post dated March 6.

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Basis

“The post read: ‘SUMUKA si Mans Carpio ng P300-M sa operasyon ng Marines: P150-M kay Mike; P50-M kay Levi; at P5-M sa bawat isa sa 18 Marines? (Mans Carpio shelled out P300-M for the operation of Marines: P150-M for Mike; P50-M for Levi; and P5-M for each of the 18 Marines?)’’’ part of the document read.

“[The] public statement, ‘taken in its plain, natural, and ordinary meaning, directly imputes upon Atty. Manases R. Carpio the commission of a crime…,’” it said.

Lustre earlier said his arrest on Oct. 24, a Saturday, was procedurally flawed and part of an operation that specifically targeted him. He was released that same day after some of his media friends raised P50,000 for his bail.

The arrest warrant issued on Oct. 2 by Davao RTC Judge Retrina Fuentes listed “People of the Philippines” as the complainant against Lustre.

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De Leon earlier described Lustre’s arrest as “unfair,” saying they were not initially informed of the specific grounds for it or who filed the complaint.

He warned that the incident could have a “chilling effect” on the media and highlighted a flaw in the justice system.

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No due process

Prosecutor General Richard Anthony Fadullon expressed a similar sentiment on Monday, saying that Lustre was deprived of due process because the complainant provided the wrong address.

“I would have to agree with them that they were not given due process, as they were not given the opportunity to actually answer the charges against them,” Fadullon said in an interview.

The address listed on Lustre’s arrest warrant was the Inquirer office in Makati City even though the journalist was not an employee but a contributor.

Fadullon said the error on the part of the prosecutor who handled the complaint might not be intentional, adding, “I believe that there was some omission… for not validating why and how certain the respondent was on the address provided.”

He said that while the Office of the Prosecutor cannot initiate an investigation on the matter, Justice Secretary Fredderick Vida may immediately order an investigation into the prosecutor’s lapses or potential negligence.

Fadullon also confirmed Ombudsman Jesus Crispin Remulla’s observation that some complainants give false addresses to prosecutors so that respondents would be unable to defend themselves.

“I do agree that it is the modus of some complainants who, when they want to file cases, give false information. The danger here is if the offense is nonbailable, a respondent will just wake up one morning with an arrest warrant, wondering why they were sued and why they were never given a chance to answer,” he said.

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He warned that submission of false information in the investigation data form could make one criminally liable for perjury. INQ