Journalist Lustre not given due process before arrest, says lawyer

MANILA — Veteran journalist Philip Lustre Jr was not given due process before he was arrested, his legal team asserted on Wednesday. 

Lustre and his counsels, led by public interest lawyer Dino de Leon, faced the media to raise questions on the arrest.

The 72-year-old journalist is out on bail after he was arrested in a Saturday news forum, on a complaint filed by Atty. Manases Carpio, Vice President Sara Duterte’s husband. 

“The prosecutor’s resolution sets out the complainant’s version. Where is Ka Ipe’s version? There is none, because he never received the complaint and was not given the chance to respond,” De Leon said.

The lawyers also raised that the subpoena for Lustre was sent to the office of the Philippine Daily Inquirer, even if he was never professionally affiliated there.

De Leon is also seeking clarity if the head of the Davao City Prosecutor Office, Atty. Jhopee Avanceña, is related to former President Rodrigo Duterte’s common-law wife Honeylet Avanceña.

The team raises the possibility of the Davao City Prosecutor’s Office being “used” by the Dutertes to file charges against journalists.

“A preliminary investigation must involve an independent examination of the evidence. It simply cannot carry the complainant’s accusations forward while leaving the respondent outside the process,” De Leon said. 

De Leon said they have filed a motion to transfer the charge as they do not feel safe in Davao City.

The lawyers also questioned the manner of arrest, as the 72 year old lawyer was handcuffed despite his age. 

“He was not hiding, he was not fleeing, his alleged crime is not heinous,” De Leon said.

The National Union of Journalists of the Philippines condemned the arrest and called for the decriminalization of libel, which the group says, has been used to harass journalists and silence dissent.

“These are outright attacks against journalists, against media workers, and this is an outright attack against freedom of expression,” said Paul Soriano, secretary-general of NUJP. 

Soriano condemned how messengers are always “being shot” when they report on issues like corruption.

De Leon meanwhile said the costs of defending a criminal case discourages journalists from speaking, regardless if the complaint will result to conviction. 

Lustre admitted he still has fears, despite the latest case being the eighth libel complaint against him.

“Yung pangamba, hindi naman nawawala,” he said.

(The fear, that doesn’t go away.)

But he said he remains unfazed to carry out his work, including writing pieces critical of the Dutertes. 

He said he will face the charges head on, thanking his lawyers for their legal assistance to him.

ABS-CBN News has reached out to the camp of Atty. Mans Carpio but they have yet to respond.