Lustre denied due process in cyberlibel case — Fadullon

Prosecutor General Richard Fadullon on Monday said veteran journalist Philip Lustre Jr. was denied due process because he was not given the opportunity to respond to the complaint before an arrest warrant was issued against him.

“Apparently, in this particular case, reliance was made on the information provided in the investigation data form saying that he was connected with Philippine Daily Inquirer. That’s why he never received his copy of the complaint,” Fadullon said in an ambush interview.

“That’s why I believe the respondent and the lawyer are claiming that they were not given due process. I would have to agree with them that they were not given due process, as they were not given the opportunity to answer,” he added.

GMA News Online reached out to the Office of the City Prosecutor in Davao City and will update this story once a response is received.

Police officers arrested Lustre in Quezon City on Saturday on the strength of a cyberlibel arrest warrant issued by a court in Davao City.

Lustre’s camp said it was looking into what appeared to be a violation of his right to due process during the preliminary investigation, as he had neither been served nor received a subpoena or notice.

Fadullon said Lustre could file a motion to reopen the preliminary investigation.

Earlier, Ombudsman Jesus Crispin Remulla said the Department of Justice (DOJ) should investigate claims that Lustre was not served a subpoena. Remulla also alleged that there was a “modus” in which complainants provide incorrect addresses for respondents.

Under existing DOJ circulars, Fadullon said, the prosecutor should have exercised due diligence in verifying the information in the investigation data form, including the respondent’s address and employment details.

He said a proper evaluation would have established that Lustre was no longer connected with the Philippine Daily Inquirer (PDI).

“As I said, if there had been a proper evaluation and the evaluating prosecutor had exercised due diligence, they would have ascertained that this person was no longer connected with PDI,” he said.

Fadullon, however, said he did not believe the error was intentional.

He added that his office could not initiate an investigation into the matter, but Justice Secretary Fredderick Vida could order a motu proprio investigation, or one initiated on the department’s own initiative.

Meanwhile, Fadullon said the complainant could face a perjury charge if an investigation established that the wrong employment information was deliberately provided.

“If it turns out later in the investigation and evaluation that the complainant knew that he was never really connected with PDI but still made it appear that he was, that could become an issue,” he said.

“Remember that the investigation data form is under oath so ( complainant) can be held liable there for perjury,” he added.

Lustre has been temporarily released from detention after posting bail of P48,000.— MCG, GMA News

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