Human-rights lawyer questions warrantless arrest of man who bashed Duterte
Human-rights lawyer Chel Diokno. INQUIRER.net file photo / Ryan Leagogo
BUTUAN CITY — Human-rights lawyer Jose Manuel Diokno has questioned the warrantless arrest of a man from Nasipit town in Agusan del Norte who threw insults at President Rodrigo Duterte as a reaction to the closure of media giant ABS-CBN’s broadcast operations.
Last Wednesday, May 13, police in the Caraga region arrested 41-year-old Reynaldo C. Orcullo for cursing the president in a social media post.
The arrest was carried out by operatives of the Regional Anti-Cybercrime Unit (RACU) of the Philippine National Police (PNP) in cooperation with Nasipit police at around 3 p.m. in Barangay Triagulo.
Brigadier General Joselito T. Esquivel, Jr., Caraga regional police director, said Orcullo posted on his personal Facebook account alleged libelous words, prompting them to track him down and be made to answer for violating Section 4 of the Cybercrime Prevention Act of 2012 or Republic Act No. 10175.
“Again I remind our social media users to think thrice before posting on any social media platform. Be responsible netizens. We do enjoy the blessings of democracy but never go beyond what you think is right without minding you violate the provisions of the law,” Esquivel said.
Orcullo’s phone was also seized. He is now under police custody.
“The limited authority given to the police to arrest without warrant is only for crimes that occur in their presence or for hot pursuit,” Diokno, who is chair of the Free Legal Assistance Group (FLAG), wrote in a social media post.
“Crimes like libel (especially in cases where no complaint is filed) were never meant to be the subject of warrantless arrests. Only judges are equipped with the knowledge and impartiality to decide if a person should be jailed for libel,” he added.
Diokno found it odd that Orcullo had to be arrested for allegedly cursing the President who, in turn, “did the same to a senator, the Pope, the Church, and many others.”
“Hindi trabaho ng PNP protektahan ang Pangulo sa opinyon ng taumbayan. Ang trabaho nyo e protektahan ang taumbayan.”
(It is not the job of the PNP to protect the President from people’s opinion. Rather, its job is to protect the people.)
Caraga police said Orcullo posted the following on Facebook: “Alam na pattern, mosalida si Go konuhay siya mohangyo sa buang nga Pangulo, Digong gago. Buang si Digong.”
(We know the pattern, [Senator Christopher] Go would put up a show asking the crazy President, Digong stupid. Digong is crazy.)
The Caraga police has not provided a screenshot of Orcullo’s assailed post.
But the Inquirer went through Orcullo’s Facebook posts on Thursday and found a May 6 post that contained an almost similar message, minus the reference to Go and the President.
(At around 4 p.m. of Thursday), Orcullo’s account was already set private and accessible only to friends.)
The post read: “Alam na galawan ni buang. May mala anghel na Senador ang kunyari makiusap sa buang. Balik operasyon ang network. Yan yun.”
(We know the plot of the crazy one. There will be an angel-like senator who will supposedly beg to the crazy one. Then the network will resume operation. That’s it.)
ABS-CBN was ordered to shut down its operation last May 5 by the National Telecommunications Commission (NTC) after its franchise expired a day earlier.
On May 12, after the arrest of two persons in Cebu for issuing threats against Duterte, a netizen taunted Orcullo that he will be next.
But apart from the May 6 post, Orcullo also posted that ABS-CBN’s only violation is “nasaktan ang damdamin ng Pangulo (hurt the feelings of the president).”
In another post, he called on House Speaker Alan Peter Cayetano, Solicitor General Jose Calida, presidential spokesperson Harry Roque and NTC Comm. Gamaliel Cordoba to stop pointing at each other and instead tell the public that it was the president who ordered them to shut down ABS-CBN. (With reports from Chris Panganiban)
