[Be The Good] Sara Duterte rants vs media, a community journalist faces an unjust vexation case
Hello,
Over the past few days and weeks, there have been some disheartening news for Philippine media.
First, the tirade of Vice President Sara Duterte against journalists and her call to her supporters to make social media their source of truth. Second, the unjust vexation case filed by an Iglesia Ni Cristo district supervising minister against former SunStar Cebu editor-in-chief and former Rappler correspondent Marchel Espina, and others.
The National Union of Journalists in the Philippines called Sara’s words a page out of a dictator’s playbook, the same one her father read out of. Remember the term “presstitutes” popularized by pro-Duterte social media personality Mocha Uson?
Marchel’s current experience speaks to the pressure and threats facing journalism at the level of the individual. A warrant was issued on July 13 in Batangas, far from Bacolod City where Marchel lives. A day later, police appeared at the SunStarCebu office to serve the warrant, but Marchel was not there since she’s no longer an employee of the newsroom. The first time she heard about the arrest warrant was on July 15. Marchel voluntarily surrendered before police in Bacolod City on July 17. On the same day, she was able to pay bail amounting to P6,000 in a regional trial court in the city.
But she still faces days of trial in the months ahead, when she is required to make an appearance in Batangas. She can expect to miss work; spend money on transportation, including flights; she will have to tap lawyers, and spend on documents.
“The case has taken a toll on me,” Marchel told me last Thursday, July 30.
“Especially because of the uncertainty, the financial burden, and the online harassment, which has included attacks from troll accounts using my mugshots and photos,” she said.
The troll accounts poked fun at her appearance and said she deserved what she got.
Her story is all too familiar.
What is unjust vexation anyway? It is a “light offense” found in Article 287 of the Revised Penal Code. It’s a “catch-all offense” that encompasses acts that “may not cause physical injury or financial loss, but unjustifiably annoy, irritate, torment, or disturb another person’s peace of mind,” according to this explainer by lawyers at the Valerio and Associates Law Offices.
Yes, apparently it’s a crime to annoy someone, as long as it is “unjustified.”
Even if the penalty for unjust vexation is relatively light, it is a huge burden to a journalist because it still gives you a criminal record and requires costly court proceedings.
How did Marchel allegedly commit unjust vexation against the complainant, an INC district supervising minister? According to documents pertinent to the case, it was because she was editor-in-chief of SunStar Cebu when it published an opinion piece by writer Reni Valenzuela entitled, “Demonic ‘church meddling’ in politics.”
The piece, which was clearly placed under the Opinion section, criticized the INC for organizing rallies favoring Vice President Duterte and its “church block voting” practice during elections.
The Committee to Protect Journalists has called the unjust vexation case against Marchel a threat to press freedom and an example of how the law is wielded to “wear down journalists and chill critical reporting.”
The Presidential Task Force on Media Security also issued a statement in support of her, saying, “While it is within a person’s right to pursue legal remedies, laws must never be weaponized to suppress journalists from performing their professional duties as truth-tellers and reporting on matters of public concern.”
I asked INC spokesperson Edwil Zabala for the organization’s response to these assertions, but he has yet to issue a formal statement.
As long as the second-highest elected official of the land believes social media is where people should get their truth, as long as the law can be weaponized to intimidate journalists from doing their job, the Philippine media will continue fighting for our place under the sun. Thank you for fighting with us.
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– Rappler.com
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