DILG: Vico Sotto Case Closed; NBI Summons 17 FB Users While PACC Commits Blunder Over Leni

The Department of the Interior and Local Government (DILG) considers the issue involving Pasig City Mayor Vico Sotto closed, but the National Bureau of Investigation (NBI) is not giving up and has invited for questioning ordinary Facebook users for posting alleged false information on social media.

These persons, who allegedly made false claims about the coronavirus disease 2019 (COVID-19) pandemic, may be charged by the NBI for violating the Revised Penal Code’s provision against publication of false information.

DILG Undersecretary and spokesman Jonathan Malaya said the department agrees with the position of Justice Secretary Menardo Guevarra that Sotto cannot be prosecuted for violating Republic Act No. 11469 or the “Bayanihan to Heal as One Act” because the alleged offenses were committed prior to its enactment.

“My personal opinion is that it’s a useless political distraction because Mayor Vico has already cooperated with the DILG and he has banned the use of tricycles as public transportation,” Malaya said, adding this was in compliance with the Inter-Agency Task Force’s guidelines and DILG Secretary Eduardo Año’s request.

“Therefore I see no reason for the summons. With all due respect to the NBI, we should consider this matter closed and we should instead focus all our time, efforts and energy in defeating COVID-19, which is our common enemy,” Malaya noted.

While Sotto earlier said he was ready to answer the NBI, he vowed on Thursday, April 2 to move on and focus on the work that needs to be done amid the COVID-19 pandemic.

In a “letter” dated April 1, the NBI asked Sotto to submit a written explanation by April 7 on why he should not be charged under RA 11469 due to the supposed continuous operation of tricycles in the city. RA 11469, which penalizes local governments’ disobedience to the national policies amid the enhanced community quarantine, was passed on March 23.

While this was explicit in the letter, NBI officer-in-charge Eric Distor also said Sotto could have violated a memorandum issued by Malacañang through Executive Secretary Salvador Medialdea on March 16. This memorandum could be the guidelines on the implementation of the enhanced community quarantine in Luzon suspending all public transportation services.

Sotto asked to let tricycles continue operating in his city on March 17 but said he complied with the national government’s order for him to follow its policies.

Read more: Netizens furious, #ProtectVico Sotto from NBI

 Chilling effect

 Human rights lawyer Chel Diokno said such actions by the NBI could have a chilling effect on the public, especially since the agency also summoned 17 Facebook users for posting comments critical of the government on their personal accounts.

 On Twitter, Diokno shared a screenshot of a subpoena sent to him by an accused netizen, who sought his help in responding to the allegation of the NBI.

 “Ang dami nang namamatay, pati frontliners, pero imbis na COVID, kritiko ang gusto nilang puksain,” Diokno said on Twitter.

 Diokno, who agreed to represent the netizen, said the person is an “ordinary citizen” who only posted his “valid” opinion during the pandemic.

 A state of public health emergency does not remove the right of netizens to freedom of expression, Diokno stressed.

 “We are still in the dark as to the basis (for the NBI summons). He is just expressing his opinion like so many of us who are posting on social media. Legitimate criticisms, comments on matters of public interest, even when it is not favored by government, are still allowed even in a public health emergency,” Diokno told The Philippine STAR in an interview.

 According to NBI Cybercrime Division chief Vic Lorenzo, Diokno’s client posted comments on the government’s alleged purchase of P2 billion worth of private helicopters during the pandemic.

 “The person has two personalities. Either he is an author of fake news, or a whistle-blower if he knows about a government official buying P2 billion worth of helicopters in the middle of a crisis. That’s why we need to talk to him,” Lorenzo told The STAR.

 Lorenzo denied Diokno’s claim that the NBI is stifling freedom of expression by cracking down on ordinary netizens.

 The investigation will fall within the bounds of Article 154 of the Revised Penal Code, which penalizes the “unlawful use of means of publication and unlawful utterances” with arresto mayor or imprisonment of one to six months and a fine ranging from P40,000 to P200,000, Lorenzo argued.

 “We at the Cybercrime Division deal not only with the physical but also the cyber world. We don’t want to suppress the benefits of social media, but at the same time, we want to suppress fake news,” Lorenzo said.

 “It has nothing to do with (freedom of expression). It’s a specific violation of the law, the publication of false news that could endanger public order,” he added.

 Lorenzo explained that the fake news items posted by those subpoenaed were about the nationwide lockdown, including alleged massive looting by the poor and hungry, the escape of COVID-positive patients, and even a supposed aerosol spraying by military helicopters.

 False information could cause undue panic at the expense of public order, Lorenzo said.

 The NBI denied it would go after netizens posting critical comments on social media.

 Regardless of whether the netizen is a famous blogger, an influencer, a public official or an ordinary citizen, no one is exempted from the law against false news, Lorenzo stressed.

 “We are not looking at political affiliations. We are not looking at whether you are a famous or novice blogger. That has no bearing in the investigation. If you’re going to post in any platform like social media that could endanger public order, then you are liable,” Lorenzo said.

 For Diokno, the NBI seems preoccupied with going after those expressing opinions contrary to the government’s stance, such as when it summoned Sotto for his comments on allowing tricycle drivers despite a public transportation ban.

 “I think the NBI would be better off going after people who are taking advantage of this public emergency, making money out of it and doing things that are clearly criminal in nature,” Diokno said.

 Under the amended Revised Penal Code (RPC), the unlawful use of means of publication and unlawful utterance is committed by a person “who by means of printing, lithography, or any other means of publication shall publish or cause to be published as news any false news which may endanger the public order, or cause damage to the interest or credit to the State.”

 The law that increased the penalties for false news was signed by President Duterte in 2017.

 PNP investigating, too

 Relatedly, the Philippine National Police announced in a statement that it has so far uncovered 20 cases of fake news since the enhanced community quarantine took effect.

 Five suspected authors of fake news have been arrested for allegedly spreading fake news on social media platforms that caused panic among the people.

 PNP chief Gen. Archie Gamboa said the five are among 24 persons named respondents in 32 complaints filed for inquest or preliminary investigation for violations of law on Unlawful Use of Means of Publication and Unlawful Utterances under Article 154 of the RPC, as amended in relation to Section 4c4 (Online Libel) and Section 6 of RA 10175, or the Anti-Cybercrime Law.

 “Case build-up operations are underway against the authors of the most recent fake news item on Facebook that reported the alleged police raid at The Medical City where some pieces of personal protective equipment (PPE) were allegedly confiscated. The hospital management quickly debunked this fake news report that was circulated in the private chatgroup Chevening Alumni-Ph,” Gamboa said.

 “Let me emphasize again that disinformation is not helping us in this battle with an unseen enemy. Fake news is a crime that we must not allow to affect our lives, especially not at this moment or any other time. In this advanced age of digital information, we must exercise discernment to analyze every bit of news through a quick test of reliability of source and reliability of information,” he added.

 According to Gamboa, fake news deserves to be ignored and not passed on to others. “When still in doubt, the most prudent thing to do is to validate the information through official government sources,” he said.

 Ridiculous, inappropriate and out of touch

 Meanwhile, this was how the office of Vice President Leni Robredo described the call of Presidential Anti-Corruption Commission (PACC) commissioner Manuelito Luna for her to be investigated for supposedly competing with the national government in responding to the COVID-19 outbreak.

 But Luna’s pronouncement was disputed by fellow PACC commissioner Greco Belgica.

 Luna told reporters that the commission was asking the NBI to probe Robredo for actions that he said “compete with” the Department of Health, Department of Social Welfare and Development, Office of Civil Defense and the National Disaster Risk Reduction and Management Council or are “calculated to undermine” the national government’s efforts amid the COVID-19 scare.

 Luna said Robredo may have violated RA 10121 also known as the Philippine Disaster Risk Reduction and Management Act of 2010 and its implementing rules and regulations. But the NBI said it would for a formal communication from PACC before making any comment.

 Robredo’s spokesperson Barry Gutierrez said the Vice President was able to mobilize private citizens to procure PPE for medical workers and provide free transport for those who need to engage in essential travel.

 Robredo’s office also gave extraction kits to the Research Institute for Tropical Medicine, the country’s principal testing center for COVID-19 as well as food to police and soldiers manning checkpoints, Gutierrez noted.

 Robredo’s office likewise set up dormitories for health workers.

 Gutierrez stressed anyone who thinks bringing assistance to hospitals and health workers is competition “has absolutely no understanding of the gravity of the crisis we are all facing.”

 Gutierrez bared Robredo’s office has received hundreds of requests for assistance and has yet to address them even as they have already delivered PPE to over 100 hospitals, clinics and local government units.

 As of Monday, Robredo’s office had raised over P40 million to provide PPE for healthcare workers and other frontliners.  – With Emmanuel Tupas, Janvic Mateo, Vince Nonato