WITHOUT a warrant of arrest issued by the courts for the four libel cases filed against me, I went to the court on Friday, Sept. 6, 2019, and posted the bail bond for the two cases at the sala of Regional Trial Court (RTC) Branch 5 Judge Ricky Jones Macabaya. The bail bond was for the libel cases under Revised Penal Code (RPC).
Two weeks ago, the Cebu City Prosecutor’s Office filed four libel cases against me after denying my motion for reconsideration: two counts of libel under the RPC and two counts under Republic Act (RA) 10175, or the Cyber Crime Prevention Act of 2012. The cyber libel cases are with the sala of RTC Branch 11 Judge Ramon Daomilas, which has been designated as a cyber court. The cases filed by Ramon Miguel Osmeña, son of “has-been” mayor Tomas Osmeña, stemmed from my two articles published in SunStar Cebu and Superbalita last year, which Miguel claimed he was maligned.
I posted the bail bond for the libel cases under RPC amounting to P60,000 (P30,000 per count), which was shouldered by SunStar Cebu management. I was expecting the warrants of arrest to be out soon. Per advise of my lawyer, Joan Baron, I did not wait for the issuance of the warrants and immediately posted bail.
I did not post bail for the cyber libel case as my lawyer wants to assail the filing as it is the same articles published in the newspaper. I arrived at the Hall of Justice in Qimunda building around 1 p.m. I have learned from the court staff that the two warrants have already been prepared and they were ready to transmit it to any law enforcement unit for my arrest. It was very timely that I went to the court and “voluntarily surrendered.” The court staff looked for a policeman stationed at the Hall of Justice to “serve” the warrant for my “arrest” for formality’s sake.
I was accompanied by Attorney Baron and some of my close friends and station colleagues like Barili Vice Mayor Julie Flores, businessman Jay Ruiz, Lawyers Eddie Barrita (who was in a suit), Joemari Poblete, Leodegario Montenegro and Cris Ruiz, dySS anchor and staff LLoyd Suarez and Edgar Aninion and my GMA 7 Balitang Bisdak co-anchor Allan Domingo. After undergoing the usual booking procedures, Judge Macabaya issued the release order. Macabaya is the same judge that issued a warrant of arrest against me last year for another libel case filed by former mayor Osmeña. Though he later inhibited from trying the case. The case was raffled to Judge Generosa Labra who also inhibited from the case. RTC Judge Gilbert Moises took over and dismissed the case based on merits.
Attorney Baron decided that I should not post the bail for the cyber libel cases as she wanted to assail the information of the two cases. She will file a motion to quash the information, citing Supreme Court jurisprudence in the petition filed by Jesus “JJ” Disini, defense counsel of Rappler chief executive officer Maria Ressa. Disini, a cyber crime and technology law expert, challenged the constitutionality of the cyber libel before the High Tribunal, citing “double jeopardy” if the alleged libelous article had already been published in print media. He said cyber libel “is dangerous for media because it exposes them to a severe vulnerability to punishment.”
Well, I will just wait for the result of my lawyer’s move on this aspect. But this move will not also prejudice our other move, which is to file a petition for review before the secretary of the Department of Justice. Let justice take its own course. This is one of the hazards of the profession. In the meantime, I have to bite the bullet, so to speak.