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Bello warns conviction in cyber libel case will be dangerous precedent

DAVAO CITY (MindaNews / 5 July)—Defeated vice-presidential candidate Walden Bello warned that it would create a dangerous precedent for the freedom of speech in the country if he gets convicted for the two counts of cyber libel filed against him based on complaints filed by former Davao City Information Officer Jefry Tupas.

Walden Bello (wearing glasses), with lawyer Luke Espiritu, files his counter-affidavit against the cyber libel case at the Hall of Justice in Davao City on 20 April 2022. MindaNews file photo by MANMAN DEJETO

During a press conference via Zoom on Monday, Bello maintained that the charges against him were “political in nature,” and that he is determined to fight it out in defense of freedom of speech.

“If I don’t get acquitted in this case, it will be a blow to the freedom of speech. So, my team and I feel that it’s not only a responsibility to get me acquitted but to, in fact, take this fight all the way because it is a case of freedom of speech,” he said.

Bello believed cyber libel should be decriminalized because the law constrains the people’s freedom of speech.

He said his conviction, if any, would mean “a loss for all of us, a loss for the Philippines, a loss for our people because it would mean that the dark shadow of authoritarianism or opposition to liberty is taking over.”

Lawyer Estrella C. Elamparo, a member of Bello’s legal team, said people defending civil, political, and economic rights “should be celebrated, should be supported, and encouraged, and not oppressed or persecuted.”

“Unfortunately, that is the irony that has happened here. Amnesty International is celebrating the work of Ka Walden in a field where he himself is a victim. His political and human rights are being affected or are being trampled upon. He is still subjected to a senseless, oppressive, prosecution, in a case that is flimsy at best,” she said.

Elamparo added that the legal team of Bello is prepared “to do everything to ensure that this case does not prosper and he will be vindicated eventually.”

She said they support calls for “decriminalization of cyber libel or, at the very least, the modification or amendment of the law to protect innocent individuals like him from persecution.”

Bello was recognized during Amnesty International’s Ignite Awards for Human Rights last May 28 as one of the “most distinguished Human Rights Defenders.”

Bello’s legal team filed Monday a manifestation with urgent prayer to resolve the petition for review with the Department of Justice.

A petition for review was filed with the DOJ on July 29, 2022 in the hopes of seeking a review and dismissal of the cyber libel complaint.

Elamparo said the DOJ denied the petition in an August 31, 2022 resolution, which was received by Bello on September 6, 2022.

She said the dismissal was based on “flimsy grounds” particularly the non-service of the copy of the appeal to Tupas and the failure to file a motion to defer arraignment.

On September 15, 2022, Bello filed a motion for reconsideration, which Justice Secretary Jesus Crispin Remulla did not act on.

Bello said he hopes Remulla acts according to his function and does not allow political consideration to get in the way of justice. (Antonio L. Colina IV / MindaNews)

The post Bello warns conviction in cyber libel case will be dangerous precedent appeared first on MindaNews.


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