Fadullon flags possible lack of due diligence in cyberlibel case vs. Lustre

MANILA — Prosecutor General Richard Anthony Fadullon said he believes the prosecutor handling the cyberlibel case against journalist Philip Lustre  may have failed to exercise due diligence.

“I believe that there was some omission on the part of the prosecutor by not validating why and how certain the respondent was on the address that was provided,” Fadullon said in an ambush interview on Monday.

“The prosecutor should have also done yung tinatawag natin na due diligence… there should be an evaluation and there should be validation,” he added.

Fadullon, however, clarified that the Office of the Prosecutor General (OPG) cannot initiate an investigation into the matter, although the Secretary of Justice may do so.

“Well, on our part here, sa OPG, we cannot initiate the investigation just yet. But I guess the Secretary can, at Motu Propio, conduct an investigation to look into the procedural lapses, if there be any, which resulted to itong paglalabas ng warrant without the respondent being given the chance to file his counter-affidavit,” he added.

Lustre was arrested last Saturday. He and his lawyer claimed that he was deprived of due process, noting that the address indicated in the arrest warrant was allegedly not his residence. 

This raised questions about whether the journalist had been properly notified of the charges against him.

Ombudsman Jesus Crispin Remulla earlier described the use of incorrect addresses as a common “modus,” a practice Fadullon said he agreed with.

“I do agree that it is really a modus of some complainants… When they want to file cases against, let’s say, respondents, meron silang gustong i-demanda, ang ginagawa nila, nagbibigay sila ng erroneous na information,” he said.

Fadullon also warned of the risks posed by such a “modus,” stressing the need for prosecutors to exercise caution.

“And ang delikado kasi dito, kapag halimbawa non-bailable yung offense, magigising na lang isang umaga yung respondent na meron na siyang warrant of arrest, na hindi niya alam, kinasuhan pala ako,” he added.