Warrantless arrests discourage criticism of Duterte –Colmenares

The warrantless arrests of social media users over their posts sends the message that dissenters should not criticize President Rodrigo Duterte, human rights lawyer Neri Colmenares said Friday.

Colmenares, chairperson of the National Union of Peoples' Lawyers (NUPL), questioned why law enforcement did not go to court to file a complaint and wait for the judge to issue an arrest warrant if they believed the social media users committed a crime.

"Ba't mo minamadaling arestuhin? Kasi gusto mo lang mag-send ng message sa lahat ng mga dissenters, sa lahat ng mga critics, na 'wag kayong mag-criticize sa Presidente," he said at an online NUPL forum.

One teacher and one construction worker were arrested this week over Twitter and Facebook posts in which they offered millions of pesos to whoever would kill Duterte. A salesman in Agusan del Norte was arrested for an alleged "libelous" post against the President on Facebook.

Commenting on the salesman's arrest, Colmenares said the freedom of expression still existed in the country.

He pointed out that in criminal procedure, the aggrieved party should be the one to initiate a case. "'Di pwedeng police will take the cudgels for Duterte but will not take the cudgels for others," he said.

He also said Duterte himself had verbally lashed out at his critics. "Kung ikaw nga makabira eh, ikaw na lang ba ang pwedeng bumira, lahat ng bumira sa'yo, bawal," he said.

In the teacher's case, a prosecutor from the Department of Justice ruled that the warrantless arrest did not fall under the allowed grounds but said this "defect" was "cured" by the teacher's admission that he had posted the tweet in question.

Arrests can only be made on the strength of a court-issued warrant except in the following instances: when the person is caught in the act of committing a crime, when the arresting officer has probable cause to believe that the person has just committed a crime, and when a prisoner has escaped.

The National Bureau of Investigation was also investigating alleged peddlers of misinformation or "fake news" related to COVID-19. It had summoned a social media user over a post in which he claimed the government bought a P2-billion jet instead of providing health care for Filipinos.

The bureau had likewise ordered Overseas Workers Welfare Administration official Mocha Uson to explain a post about personal protective equipment purchased by the government, where she supposedly used a photo from a private organization.

Colmenares said he understood if social media users were hesitant or feared posting their criticisms of the government because of the arrests, but he reminded them that no law prohibited criticism.

"Kung tatahimik kasi tayo, lalong mapariwara ang ating mga karapatan at karapatan ng mga anak natin at lahat na," the former Bayan Muna Representative said in the livestreamed forum.

Colmenares said the NUPL offers legal services for people who were illegally arrested, including the preparation of counter-charges, but admitted that their manpower was limited. He said they were asking for assistance from lawyers and law students across the country. — DVM, GMA News