EXPLAINER: Is the charge against Jay Sonza non-bailable? Lawyers weigh in

TV host Jay Sonza was recently arrested in Quezon City for spreading false information regarding the health of President Ferdinand Marcos Jr.

The Pasay Regional Trial Court (RTC) stated in the arrest warrant issued against him that his case is not bailable.

However, National Union of Peoples’ Lawyers (NUPL) President Ephraim Cortez believes that the charges should be bailable under the country’s laws.

Sonza is facing charges for unlawful use of means of publication and unlawful utterances under Article 154 of the Revised Penal Code (RPC), in relation to Republic Act 10175 or the Cybercrime Prevention Act of 2012 before the Pasay RTC Branch 118.

Cortez explained that under the RPC, unlawful publication is punishable by arresto mayor or imprisonment of 30 days to six months.

He said that if the crime is committed online, the Cybercrime Law increases the penalty to the next degree or prision correccional or six months to up to six years of imprisonment.

“Either way, it is bailable,” Cortez told GMA News Online.

According to the lawyer, the RTC has no discretion to make the case non-bailable.

“The Constitution is clear, bail is a matter of right except in capital offenses and those punishable with Reclusion Perpetua or life imprisonment. The court cannot change that,” Cortez said.

Asked if the court still does not have the discretion even when the allegations involve the president, Cortez said that the RPC does not make a distinction on the subject of the unlawful publication.

“Under our system, an act is deemed criminal if there is a law criminalizing it, and the courts can only impose a penalty prescribed by the law defining it as a crime,” he said.

“Since he is charged with unlawful publication, the imposable penalty is arresto mayor as prescribed by the RPC, increased to prision correctional,” he added.

Cortez said that considering the penalty, prosecutors also do not have the authority to deprive Sonza of the right to bail.

Upon his arrest, Sonza said he is ready to go through due process.

Sonza’s camp also said they will question the issuance of a non-bailable warrant against him, saying this is “highly irregular” for the minor offense of unlawful publication.

According to Sonza’s lawyer, Atty. Mark Tolentino, the charge against the TV host is, by nature, a minor offense punishable by arresto mayor or a fine.

“Given this, the issuance of a non-bailable warrant is, with due respect, highly irregular and legally questionable,” he said.

For its part, NBI Director Melvin Matibag said that in this case, it is up to the court to decide whether an accused may post bail. He said the NBI just enforced the warrant.

Aside from this case, Sonza is also facing a cyberlibel case before the Pasay RTC Branch 111. — BAP, GMA News