Media groups condemn unjust vexation charges vs Espina

By Glazyl M. Jopson

BACOLOD CITY — Several groups have raised concern over unjust vexation charges filed against Bacolod-based journalist Marchel Espina, a former editor in chief of SunStar Cebu.

The case, filed by a local religious leader before a court in Batangas against Espina and four others, stemmed from an opinion piece written by a contributor and published in SunStar Cebu in December 2024.

Unjust vexation is a light offense under Article 287 of the Revised Penal Code, punishable by a brief jail term or a fine.

The complaint against Espina and the four others was filed in relation to Section 6 of the Cybercrime Prevention Act, or Republic Act 10175, which raises the penalty for offenses committed through information and communications technology.

Espina, accompanied by her legal counsel Abegail Bayona, voluntarily surrendered to the Criminal Investigation and Detection Group-Negros Island Region (CIDG-NIR) on Friday, July 17, to answer the allegations through proper judicial channels.

She posted bail of PHP 6,000 later that day, securing her provisional liberty.

The Presidential Task Force on Media Security (PTFOMS) said over the weekend that it was disturbed by the charges against Espina.

While it is within a person’s right to pursue legal remedies, the task force stressed that laws must never be weaponized to keep journalists from performing their duties as truth-tellers and reporting on matters of public concern.

The task force said the exercise of legal rights must be balanced with the constitutional guarantees of freedom of expression and of the press.

“No journalist should be subjected to actions that threaten their independence and safety,” it added.

The task force said it stands with Espina and the four others who were charged, along with media organizations, press associations, independent journalists, news outlets and other members of the press who have expressed concern over the incident.

It vowed to monitor developments in the case and to ensure that any action affecting members of the media is addressed with respect for press freedom and the rule of law.

The task force also reiterated its commitment to safeguard journalists against acts of intimidation or legal challenges, underscoring the urgent need for better protection of the press in a democratic society.

The Negros Press Club, where Espina is an active member and once served as a director, expressed support for her and pledged to provide assistance.

The National Union of Journalists of the Philippines (NUJP) condemned the filing of criminal charges against Espina, one of its directors.

The group said Espina was not afforded due process, as she learned of the arrest warrant only on Wednesday, July 15, had not been notified of the complaint and was unable to file a counter-affidavit.

“The filing of charges against Espina is clearly meant to intimidate her and the media community,” the group said in a statement.

The group noted that journalists report on matters of public interest, and that filing criminal charges against truth-tellers has long been a weapon of choice for those in power.

The NUJP called for the charges against Espina to be dismissed.

The NUJP’s Negros Island Region chapter (NUJP-NIR) also issued a statement strongly condemning the charges, which it called a clear and brazen attempt to silence critical journalism.

The NUJP-NIR said the case follows the same troubling pattern used against colleague Erwin “Ambo” Delilan, station manager of Hapi FM and a Rappler correspondent based in Bacolod City, who was arrested three times on identical unjust vexation charges — also reportedly without due process.

“These cases expose a deliberate, coordinated scheme to harass and intimidate journalists who report on public interest matters,” NUJP-NIR chairman Chito Berjit said.

Journalists have a duty to inform the public and speak truth to power, regardless of who stands behind the complaints, he added.

The NUJP-NIR demanded the immediate dismissal of all charges against Espina and called on all sectors to stand with it in defending press freedom, upholding due process and protecting the people’s right to know.

The group said weaponizing minor offenses to silence truth-tellers has become a common tool of those who fear accountability.

It added that the practice exposes flaws in the justice system and feeds a culture of impunity that weakens democracy.

The Foreign Correspondents Association of the Philippines (FOCAP) also expressed grave concern over the unjust vexation charges against Espina and the four others.

While every citizen has the right to seek legal redress, the law must never be weaponized to intimidate journalists or stifle free speech, the group said.

Opinion pieces grounded in facts have long been a pillar of journalism and democratic discourse, FOCAP added.

The Iloilo Media-Citizen Council was also alarmed by the charges. It called on the prosecution to review and withdraw the case, on the courts to apply the heightened scrutiny that any criminal action against a publication demands, and on the Department of Justice to issue clear guidance against using unjust vexation to police journalism.

The consequences will not stop in Batangas. If editors can be arrested because a reader was annoyed, opinion pages across the country will shrink, contributors will be turned away, and the space for public debate — including debate about the role of religious institutions in politics — will narrow to whatever offends no one, it said.

In a statement following her surrender, Espina said she respects the rule of law and the legal process.

“As a journalist, I believe this case raises important concerns about the use of criminal complaints against journalists and editors in relation to their work. I also believe it has a chilling effect on press freedom,” she said.

Espina said journalists and editors should never be intimidated or silenced for carrying out their professional duties in good faith.

“While every person has the right to seek legal remedies, the legal process should never be used to discourage independent journalism and reporting in the public interest,” she said.

She remains committed to responsible journalism and to upholding press freedom.

She also thanked her legal counsel, colleagues, the NUJP, family, friends and everyone who reached out and stood by her.

Espina began her media career in 2012 with Watchmen Daily Journal in Bacolod City.

She was a Rappler correspondent before serving as editor in chief of SunStar Bacolod and, later, SunStar Cebu.

She currently serves as a consultant for the global media development program WAN-IFRA Women in News.