DOJ dismisses cyberlibel raps vs Makabayan bloc personalities

In this file photo, Reps. Arlene Brosas, Carlos Isagani Zarate, Sarah Jane Elago, France Castro and Ariel Casilao face the media in Makabayan bloc’s regular press briefing. INQUIRER file photo

MANILA, Philippines — For lack of probable cause, the Department of Justice (DOJ) dismissed the cyber libel complaint filed by the Philippine National Police-Criminal Investigation and Detection Group (PNP-CIDG) against current and former members of the Makabayan bloc.

In a resolution made public Tuesday, the DOJ dismissed the complaint against Gabriela Rep. Arlene Brosas, former Bayan Muna Rep. Carlos Zarate, and former Gabriela Reps. Luzviminda Calolot-Ilagan and Liza Maza.

The PNP-CIDG filed the complaint following the publication of statements from the progressive group accusing them of planting evidence during the arrest of a certain Lourdes “Simang” Bulan for two counts of murder.

The police recovered firearms, explosives, tarpaulins, and Bayan Muna and Gabriela flyers and presented them to the public.

On Nov. 17, 2021, a story was published where Zarate had described the seizing of such evidence as a “dirty tactic of the National Task Force to End Local Communist Armed Conflict to align the Makabayan bloc and its members like his party and the Gabriela Women’s Party with the rebels.”

The following day, Gabriela was quoted as saying “These red-tagging gimmicks, while not new, seek to place the lives and safety of our members and leaders on the line.”

The PNP-CIDG claimed that the Makabayan members issued false statements made to destroy and malign the reputation of the PNP to the public.

But the DOJ said for one to be charged with cyber libel, the person should either be the author or creator of the post, editor, or business manager if published.

The DOJ said: “It bears stressing that Rep. Zarate, Rep. Brosas, Ms. Ilagan, and Ms. Maza are neither the author nor the person who created such post.” the resolution said. “Respondents likewise did not publish, exhibit, or cause the publication of the articles in news question.”

“While respondents or the organizations they represent were alluded to in the articles, there was no sufficient allegation that they caused the online publication of their statements,” it added, noting that this demonstrated a lack of probable cause to indict the respondents for the offense charged.

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JPV/abc