Blogger Drew Olivar faces raps over bomb scare post

Screenshot from Mocha Uson Blog
Screenshot from Mocha Uson Blog

THE Philippine National Police (PNP) will file charges against blogger Andrew Olivar over his viral post on alleged bomb threat in Edsa during the commemoration of the 46th anniversary of the declaration of Martial Law on September 21.

PNP Chief Oscar Albayalde said Olivar will be charged with violation of Presidential Decree 1727, which declares as unlawful the malicious dissemination of false information or the willful making of any threat concerning bombs, explosives or any similar device or means of destruction before the Department of Justice.

The National Capital Region Police Office (NCRPO) will file the case.

The law is punishable with imprisonment of not more than five years and/or fine of not more than P40,000 depending in the discretion of the court.

Albayalde said he hopes that Olivar will learn his lessons.

On September 21, as protesters gather in various parts of Metro Manila to commemorate the anniversary of the declaration of martial law, Olivar posted on his Facebook account: “Ayyy nakakatakot naman magrally sa Edsa, kasi may kumakalat nab aka maulit daw ‘yung pagbomba kagaya ng Plaza Miranda!! Kung ako sainyo hindi na ako pupunta!!.”

Olivar’s post has gained negative comments from some netizens, who said he was spreading a bomb joke, which is an illegal act.

Olivar, though, clarified in another post that he was just talking about the threat against the event which he saw on social media.

On Saturday, September 22, in a press conference at NCRPO headquarters in Taguig, Olivar, together with Communications Assistant Secretary Mocha Uson, apologized for what he did and maintained that it was not his intention to scare the public and spread fake information.

Asked how come Olivar was not arrested after his apology on September 22, NCRPO Chief Police Director Guillermo Eleazar said "the bomb scare incident, in which he figured in, does not fall within any of the circumstances of valid warrantless arrest under Section 5 of Rule 113 of the Revised Rules of Criminal Procedure, which are: in the presence of the arresting officer, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; or when the offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it.”

“While it could be considered as a continuing crime, the offense had already been consummated days before the appearance of Mr. Olivar at the office of NCRPO, not to mention that the meeting happened after the supposed occurrence of the bomb threat. Thus, the incident does not fall under Section 5 of Rule 113, which allows the arrest of Olivar without a valid warrant,” he added.

Netizens who also asked for Olivar's arrest cited in particular the arrest of James Tomas Dela Cruz, a navy trainee who was nabbed after making a bomb joke inside an MRT station.

“The incident of the soldier in 2016 was different. He was arrested while committing a crime (enflagrante),” Eleazar said.

Eleazar said the will refer Olivar's case to the court and arrest him if an arrest warrant will be issued against him.

Olivar made headlines due to controversial videos he produced with Uson. The most controversial were the "federalism dance" and their video "mocking the deaf community." (SunStar Philippines)

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