DOJ junks cyber libel vs Makabayan bloc members

The Department of Justice (DOJ) dismissed the cyber libel complaint filed by the Philippine National Police-Criminal Investigation and Detection Group against some current and former representatives of the progressive Makabayan bloc in the House.

This is related to the CIDG’s complaint against the “defamatory” and “libelous” statements of the then Bayan Muna Rep. Carlos Zarate and several leaders of the Gabriela Women’s Party in the online edition of the Manila Times and Inquirer.net on November 17, 2021.

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“[The instant complaint]… for two (2) counts of Libel punishable under Section 4 (c) paragraph 4 of Republic Act No. 10175 otherwise known as the Cybercrime Prevention Act of 2012, is hereby DISMISSED for lack of merit. ”

The statement accused the police of red-tagging and planting evidence.

“In their online post, respondents accused the [PNP] of red-tagging and planting evidence after a team of CIDG operatives successfully implemented the Warrant of Arrest dated 10 December 2015 issued by Judge Isaac de Alban of RTC Ilagan City, Isabela, Branch 16 , against a certain Lourder Bulan a.k.a. ‘Simang’ for two (2) counts of murder docketed as Criminal Case No. 7168 and 7170,” according to the resolution dated May 12.

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DOJ junks cyber libel vs Makabayan bloc members

Aside from Zarate, Gabriela Rep. Arlene Brosas, former Gabriela Rep. Luzviminda Ilagan and former Gabriela Rep. Liza Maza were also cited in the complaint.

Police Major Jonathan Mostoles, on the other hand, represented the CIDG, saying that the allegation of the progressives was not true and that it was only said to damage the reputation of the PNP in the public.

However, the DOJ said they “see no basis” to indict the respondents for violating Section 4 (c) paragraph (4) of Republic Act 10175.

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“To reiterate, the persons liable for the offense are (1) author of the libelous post, which includes the person who shall publish, exhibit or cause the publication of the libelous post; (2) the person who created the libelous post; and (3) editor or business manager, in case the libelous post is contained in a book, pamphlet, newspaper, magazine or serial publication,” the DOJ said.

“It bears stressing that Rep. Zarate, Rep. Brosas, Ms. Ilagan and Ms. Maza are neither the author nor the person who created such post. Respondents likewise did not publish, exhibit or cause the publication of the articles in news question. ”

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