No subpoena, weekend arrest: Lustre lawyers slam cyberlibel case

MANILA — Lawyers for veteran journalist Philip Lustre Jr. on Wednesday, Oct. 28, questioned the handling of the cyberlibel case filed by lawyer Mans Carpio, husband of Vice President Sara Duterte, which led to Lustre’s arrest on Saturday, Oct. 24.

Dino Singson de Leon, one of Lustre’s lawyers, challenged the case on four grounds: the lack of due process accorded Lustre, the alleged family ties of the Davao City prosecutor to the Dutertes, the “unequal” service of the arrest warrant, and the continuing use of criminal libel to persecute journalists.

Singson de Leon was at the media forum on Saturday when Quezon City police served Lustre with a warrant of arrest issued by a Davao City court, and he was engaged as Lustre’s counsel on the spot.

Lustre, a critic of former President Rodrigo Duterte, told reporters after his arrest that he did not know of any pending case against him in Davao City.

Lack of due process

Singson de Leon said the subpoena was allegedly sent to the Philippine Daily Inquirer office in Makati City instead of Lustre’s residence.

He noted that while Lustre’s byline often appears in the newspaper’s opinion pages, the journalist is not affiliated with the organization.

Under Section 10(d) of Department of Justice (DOJ) Department Circular No. 015, series of 2024, or the 2024 DOJ-National Prosecution Service Rules on Preliminary Investigation and Inquest Proceedings, the subpoena shall include the complaint-affidavit and its attachments and shall direct the respondent to submit a counter-affidavit and the affidavits of witnesses.

Singson de Leon said the misdirected subpoena prevented Lustre from being heard by the prosecutor, which denied him his constitutional rights to due process and equal protection of the laws.

“How did this case reach the arrest stage without Ka Ipe [Lustre] being heard? The prosecutor’s resolution sets up the complainant’s [Carpio’s] version. […] Where is Ka Ipe’s version? There is none, precisely because he never received the complaint, and was never given the chance to respond,” Singson de Leon said.

“The prosecutor must explain what effort was made to notify him [Lustre]. Where was the subpoena sent? Was the address correct? Who received it? What proof of service was examined before the prosecutor proceeded, or did the prosecutor proceed hastily without exerting enough diligence?” he added.

Singson de Leon argued that the process unfairly deprived Lustre of the opportunity to defend himself.

“A preliminary investigation must involve an independent examination of the evidence. It cannot simply carry the complainant’s accusations forward while leaving the respondent outside the process,” he said.

“Based on records, Ka Ipe was denied a meaningful opportunity to defend himself before the case was filed. That raises a serious question: Is the Davao City prosecution service being used to pursue justice, or is it being weaponized to silence a critic of the Duterte family? The DOJ must investigate and answer that question,” he added.

Prosecutor General Richard Anthony Fadullon raised questions about the prosecutorial process in Lustre’s case on Monday, Oct. 26.

Fadullon said Lustre would have been denied due process if he did not receive the subpoena and an opportunity to answer the allegations.

He added that the DOJ could investigate possible procedural lapses in the issuance of the arrest warrant.

Davao City’s top fiscal a Duterte-linked cousin?

Singson de Leon also flagged allegations that Jhopee Avanceña, head of the Office of the City Prosecutor of Davao, is a first cousin of Honeylet Avanceña, the longtime partner of former President Rodrigo Duterte.

He cited concerns raised by National Bureau of Investigation (NBI) Director Melvin Matibag, who has sought Avanceña’s inhibition from a separate cyberlibel complaint filed against him by Davao City 1st District Rep. Paolo Duterte.

Duterte filed libel and cyberlibel complaints against Matibag and several others at the Davao City Hall of Justice on Friday, Oct. 23, over reports alleging that he received PHP 100 million in cash deliveries.

“We are asking the DOJ to look into these [allegations]. If that relationship is confirmed, the DOJ must determine whether inhibition, reassignment, or the appointment of an independent prosecutor is warranted,” Singson de Leon said.

Unequal treatment

On Lustre’s arrest, Singson de Leon noted that the warrant was served on a weekend, when courts were closed, which could have kept Lustre from posting bail.

In a Facebook post on Sunday morning, Oct. 25, Lustre said he was able to post PHP 48,000 bail after an inquest judge reported for work on Saturday through the help of fellow veteran journalist Jairus Bondoc.

“A person’s access to bail should not depend on whether his lawyers can overcome a weekend obstacle course,” Singson de Leon said.

He also said Lustre should not have been handcuffed, given his age and the fact that he did not resist arrest.

He compared Lustre’s arrest with the case of Vice President Duterte, who posted bail in September after a Quezon City court issued a warrant of arrest against her for grave threats.

“Did he [Lustre] resist? Did he attempt to escape? Did he threaten anyone? Can Ka Ipe still run fast? The police should identify the specific circumstances that justify the restraint. Atty. Pia [Naya] had to ask the police if the cuffs could be removed when [Lustre] was in the hospital, and [she was told] that it couldn’t,” he said.

“We are wondering why Vice President Sara Duterte did not need to be handcuffed, and was even [visibly] angry when she posted bail. She [also] wasn’t detained. [Lustre’s] case supposed alleged Facebook question posted, [while] Sara Duterte’s case [involved] threats against the [lives] of [President Ferdinand Marcos Jr.], First Lady [Liza Marcos], and [then-Speaker of the House Martin Romualdez],” he added.

Lustre himself, who wrote “Kill, Kill, Kill,” a book on the drug war under former President Duterte, described his arrest as a “special operation.”

“I really felt that I was being targeted,” he said, as he thanked the lawyers who assisted him after his arrest.

Singson de Leon also pointed to the “unequal energy” authorities have shown in pursuing two others. One is Sen. Ronald “Bato” dela Rosa, who has been in hiding since May after the International Criminal Court confirmed issuing a warrant against him for crimes against humanity. The other is businessman Charlie “Atong” Ang, who was recently reported to have left the country despite facing multiple criminal charges.

“Are authorities showing the same vigor in pursuing [dela Rosa and Ang]? Why are those who are supposed to be cuffed because they are a threat and menace to society aren’t cuffed and even caught, but the old journalist posing a question could be cuffed and on a Saturday?” he said.

“We urge the Philippine National Police to show the same determination when pursuing people with power and connections who are accused of the most heinous crimes. […] We are demanding equal treatment regardless of your position and status. No official should be treated as untouchable. No journalist should be treated as an easy target,” he added.

Decriminalization of libel, cyberlibel

Singson de Leon and National Union of Journalists of the Philippines (NUJP) Secretary General Paul Soriano said Lustre’s arrest should strengthen calls to decriminalize libel and cyberlibel in the Philippines.

Cyberlibel is punished under Republic Act 10175, or the Cybercrime Prevention Act of 2012, which imposes a penalty one degree higher than that for libel under the Revised Penal Code.

“Reputations of course deserve protection, and journalists must be accountable for false and malicious statements. Effective civil remedies should be available to those who suffer harm,” Singson de Leon said.

“It must [only] be a civil remedy [for libel], the whole state should not be involved. The police is wasting hours to pursue these supposed crimes. All over the world, this is already a private offense,” he said.

“Imprisonment is a disproportionate response to reputational injury. A claim of damaged reputation should not automatically place someone’s liberty at risk,” he added.

Soriano described the arrest as part of a broader pattern of using libel, and later cyberlibel, as a weapon to silence and suppress journalists.

He cited NUJP data showing 126 recorded libel and cyberlibel cases against journalists since 2016, including at least 16 under the Marcos Jr. administration.

“These are outright attacks against journalists, against media workers, and these are outright attacks against freedom of expression here in the Philippines,” Soriano said.