October 15, 2024 | 7:38pm
MANILA, Philippines — A Quezon City court has dismissed the case against a school teacher who uploaded a video showing a police officer saying that Vice President Sara Duterte’s convoy was causing a traffic jam along Commonwealth Avenue in Quezon City.
In a four-page order dated September 30 but only released to the media on Tuesday, October 15, the Quezon City Regional Trial Court Branch 104 ruled that the allegations in the information filed against Janus Munar were defective.
The alleged violation is under Article 154 of the Revised Penal Code:
Unlawful use of means of publication and unlawful utterances. – The penalty of arresto mayor and a fine ranging from P200 to P1,000 pesos shall be imposed upon:
1. Any 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 of the State;
2. Any person who by the same means, or by words, utterances or speeches shall encourage disobedience to the law or to the constituted authorities or praise, justify, or extol any act punished by law;
3. Any person who shall maliciously publish or cause to be published any official resolution or document without proper authority, or before they have been published officially; or
4. Any person who shall print, publish, or distribute or cause to be printed, published, or distributed books, pamphlets, periodicals, or leaflets which do not bear the real printer’s name, or which are classified as anonymous.
According to the court, the alleged crime, which violated the Revised Penal Code and was filed by Executive Master Sergeant Verdo Pantollano, “suffers from a defect.”
The court explained that the mere act of publication is not enough to establish a crime; the publication must be classified as “news.”
The court noted that the phrase “further propagate” in the amended information filed by Pantollano implied that the traffic incident itself caused the public disturbance, and that the accused’s act of uploading the video only escalated the disruption.
Despite the prosecution being given the opportunity to amend the complaint, the revised information remained flawed, suffering from the same issues as the original.
What happened before
In October of last year, a portion of Commonwealth Avenue was blocked by a Quezon City police officer to allow a convoy to pass through.
In a video recorded by a motorist, the officer directing traffic said, “May dadaan po tayong VIP. Si VP. Ko-cross lang po saglit.”
(We have a VIP passing through. It’s the vice president. They’ll just cross briefly.)
However, the Office of the Vice President denied that Vice President Duterte was in the convoy.
Munar posted this video on Facebook, which led Pantollano to file a complaint against the teacher.
Following the court’s dismissal of the charges, Chel Diokno, Munar’s lawyer, praised the court’s decision, calling it a victory for justice and accountability over the abuse of power.
“Magsilbi sanang aral ito sa mga awtoridad na huwag abusuhin ang batas para gipitin ang mga tao na gusto lamang ng pananagutan mula sa mga opisyal ng pamahalaan,” Diokno said in a statement.
(May this serve as a lesson to authorities not to abuse the law to oppress those who are simply seeking accountability from government officials.)
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