Why Olivar was not arrested after bomb joke

MANILA. Communications assistant secretary Mocha Uson and blogger Andrew Olivar meet with National Capital Region Police Office (NCRPO) director Guillermo Eleazar before their press conference on September 22, 2018. (Photo contributed by NCRPO public information officer)
MANILA. Communications assistant secretary Mocha Uson and blogger Andrew Olivar meet with National Capital Region Police Office (NCRPO) director Guillermo Eleazar before their press conference on September 22, 2018. (Photo contributed by NCRPO public information officer)

NATIONAL Capital Region Police Office (NCRPO) chief Police Director Guillermo Eleazar explained on Monday, September 24, why blogger Andrew “Drew” Olivar was not arrested after he posted a bomb joke on social media.

“Mr. Drew Olivar was not arrested during the presscon because 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,” said Eleazar.

“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 Sec 5 of Rule 113 which allows the arrest of Olivar without a valid warrant,” he added.

On Friday, September 21, as protest rallies were staged in commemoration of the declaration of martial law, Olivar posted on his social media 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 drew flak from netizens, some of whom noted that spreading bomb jokes is an illegal act.

On Saturday, September 22, Olivar together with Eleazar and PCOO assistant secretary Mocha Uson held a press conference at the NCRPO headquarters in Camp Bagong Diwa in Taguig City and apologized for the post.

Some netizens, however, did not take the press conference positively and asked why Olivar was not arrested when other people who make bomb jokes are immediately detained and charged.

Netizens cited the arrest of navy trainee James Tomas dela Cruz, who was arrested 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 explained.

Earlier Monday, Philippine National Police (PNP) chief Oscar Albayalde said Olivar will be charged before the Department of Justice with violation of the 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.

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

Eleazar said they were prepared to arrest Olivar if an arrest warrant is issued against the blogger. (SunStar Philippines)

Trending

No stories found.

Just in

No stories found.

Branded Content

No stories found.
SunStar Publishing Inc.
www.sunstar.com.ph