Arrest of anti-mining advocate over Facebook post puzzles Palace

Malacañang on Monday claimed the cybercrime law has nothing to do with the recent arrest of an anti-mining advocate who posted a controversial article on Facebook, but admitted “puzzlement” on why the arrest was made despite the online nature of the article. At a press briefing, presidential spokesperson Edwin Lacierda said Esperlita Garcia was arrested for libel based on provisions under the Revised Penal Code. “The basis for the arrest was not the Cybercrime [Prevention] Act, which we all know has been restrained by the Supreme Court. The case stemmed from a libel case filed by the mayor,” Lacierda said, adding the information was verified by the National Bureau of Investigation (NBI), which conducted the arrest. However, he admitted puzzlement on why the arrest was ordered despite the fact that the article was posted online, noting the temporary restraining order issued by the Supreme Court on the implementation of the Cybercrime Prevention Act of 2012.  “Ang cause kasi nito galing sa Facebook. Kaya nagtataka rin kami bakit… may Supreme Court decision na on the issue of publication pagdating sa cyberspace, bakit ito natuloy pa,” Lacierda said. He said only the judge could answer questions surrounding the arrest of Garcia, president of the Gonzaga Alliance for Environmental Protection and Preservation. “As to why it was able to pass and the judge was able to issue a warrant of arrest in spite of a Supreme Court decision and the issue of publication when it comes to libel online, that’s something that the courts and also the fiscal would have to answer to,” Lacierda said. Garcia was arrested Thursday last week following the suit filed by Mayor Carlito Pentecostes Jr. of Gonzaga, Cagayan. She is currently out on bail. In an article posted on her Facebook account, Garcia claimed that an anti-mining rally was canceled last year after Pentecostes harassed activists. Militant organization Anakbayan linked Garcia’s arrest to the cybercrime law, the implementation of which was temporarily stopped by the Supreme Court following more than a dozen petitions filed by various groups and individuals challenging its constitutionality. Lacierda insisted the arrest has no connection with the cybercrime law. “This is not a cyber crime protection case. This is a case of libel filed. In fact, if you notice, the bail posted was P10,000. The penalty for online libel is prision mayor, which is higher than the penalty imposed under the Revised Penal Code. Obviously, this is a case filed under Article 355, the Revised Penal Code,” he said.   Lacierda said that Garcia has several options open to her. “May motion for reconsideration before the fiscal, or merong petition for review before the [Department of Justice] proper dito sa Manila, or pwede siyang mag-file ng motion for judicial determination of probable cause. There are still redress of grievances, but may remedies pa rin ‘yung akusado.” Lacierda also urged Anakbayan to study the facts first before issuing statements on Garcia’s arrest. “Let me tell Anakbayan, please don’t be ignorant of the issues. Yet, first, you’re entitled to your opinion but you are not entitled to your facts,” he said. He was reacting to Anakbayan’s statement that Malacañang had a hand in Garcia’s arrest, noting President Benigno Aquino III’s alleged bias in favor of big mining companies.