SAYING some officials of the Philippine National Police (PNP) have become too eager in proving their loyalty to Pres. Duterte, the National Press Club (NPC) has cautioned the PNP from arresting Filipinos and charging them with cyber libel for their derogatory name-calling against the Chief Executive in social media.
Specifically, the country’s biggest organization of active members of the press, is referring to the arrest by the Police Regional Office XIII (PRO-13) last Wednesday, May 13, 2020, of Reynaldo Carnese Orcullo, under Section 4 (cyber libel) of Republic Act 10175, otherwise known as the Cybercrime Prevention Act of 2012.
Orcullo, 41, reportedly a local businessman from Nasipit, Agusan del Norte, was arrested on order of PRO-13 police director, PB/Gen. Joselito Esquievel, over his post on social media where he described Pres. Duterte as “stupid” and “crazy.” Orcullo also lashed at Sen. Cristopher ‘Bong’ Go for making “scripted requests” to the Chief Executive.
The NPC said the incident is setting a very dangerous precedent where any law enforcement officer can now prove their loyalty to the powers-that-be by ordering the arrest of anybody for libel thru their post on social media even in the absent of a formal complaint by the “offended” party.
“To incite the public to kill the President of the Philippines or offer a bounty for his murder is one thing and those doing this deserve to be apprehended immediately for endangering public order and national security, especially during this time that the country is in a state of national emergency.
“But to call him names is another and which only a competent court can determine whether the attribution is libelous or not.
“In the absence of a formal complaint and a warrant issued by the court, we remind the PNP that they cannot be judge and executioner at the same time so they can just ‘look good’ to the powers-that-be,” said NPC Vice President Paul M. Gutierrez.
“If all freedom-loving Filipinos will let this incident pass without a protest, what will now stop other public officials and prominent individuals from asking the PNP to arrest anyone without the benefit of due process because they find a social media post personally annoying?
“What would also stop the PNP and other law enforcers, many of whom are known to be onion-skinned, from resorting to the example set by PRO-13 in order to stifle the media’s criticism of their performance as public officials,” added Gutierrez, who is also head of the Club’s Press Freedom Committee.
“Finally, we also caution the attending public prosecutor in charge of this case to exercise the proper discernment and adherence to due process during its evaluation to protect the larger interest of freedom of expression for every individual as provided for in our Constitution,” the official added. ###