Attack on Free Speech: Party-list group condemns arrest of government’s online critics

Photo: Joshua Hoehne/Unsplash
Photo: Joshua Hoehne/Unsplash

Party-list group Bayan Muna today condemned the arrest of a salesman who has criticized President Rodrigo Duterte on social media, and alleged that people’s right to free speech is being trampled upon by the government.

Bayan Muna is referring to the arrest of Reynaldo Orcullo, a resident of Agusan del Sur, who called Duterte “crazy” on Facebook. He was tracked down by the police earlier this week and was charged with committing cyber libel.

Bayan Muna chairman Neri Colmenares said Orcullo’s arrest was illegal because the authorities did not have a warrant.

Read: Student journo forced to publicly apologize after teacher threatened to sue him over anti-Duterte remarks

“We condemn in the strongest terms the arrest of salesman Reynaldo Orcullo as well as other netizens critical of Pres. Rodrigo Duterte on the internet. This is an attack on the constitutional right to freedom of expression especially when Pres. Duterte and his supporters remain untouched by state security forces for serious attacks against perceived opponents and dissenters,” Colmenares said.

“Worse, it was illegal because the salesman was arrested without a warrant as required by Section 2, Article III of the Constitution. Under the law, the police should have asked for a warrant from the courts, instead of immediately arresting him, which makes them accountable for illegal arrest under the Revised Penal Code,” he added.

Read: After Duterte accuses him of partisanship, Tagle congratulated by Palace for new Vatican post

Colmenares pointed out that even Duterte viciously criticizes his perceived enemies in public, including members of the Catholic Church. The president even called then-Supreme Court Justice Antonio Carpio “stupid” in June 2019 when the latter said that Chinese fishermen have no right to enter Philippine territory.

“Why would the police arrest Orcullo for a supposed crime which Duterte himself has committed? This smacks of harassment as well as discrimination against the poor and defenseless and protecting the rich and powerful like Duterte,” Colmenares said.

“The problem with the police is that there are a million dissenters who have called [Duterte] stupid on Facebook. They would have a problem because they need to arrest one million to protect their beloved leader. So we challenge the police to also investigate Pres. Duterte for calling his opponents assh*les, stupid, and other libelous remarks,” he added.

Read: Duterte says misogynistic remarks were his right, part of freedom of expression

Bayan Muna Representative Carlos Isagani Zarate encouraged those who have been arrested to sue the authorities for illegal arrest. Victims can also charge policemen for violating a slew of other laws, such as Article 19 of Republic Act 386, which requires that every government official must “act with justice, give everyone his due, and observe honesty and good faith.” Cops can also be charged with violating the 1987 Constitutional provision that protects a person’s right to freely express himself.

Duterte has never been shy about expressing his beliefs during public speeches, including misogynistic ones. Despite being criticized by several women’s groups, the president has insisted that there was nothing wrong with them and that he has the right to free speech.

 

 



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