'Modus'?: Ombudsman urges DOJ probe into Philip Lustre arrest process

MANILA, Philippines — Ombudsman Jesus Crispin Remulla has called on the Department of Justice (DOJ) to investigate the circumstances that led to veteran journalist Philip Lustre's arrest after his lawyer said he never received a subpoena or notice about the cyberlibel complaint against him.

In an interview with reporters on Monday, October 26, Remulla, a former justice secretary, pointed to a known "modus" in which complainants deliberately provide prosecutors with the wrong address of a respondent.

"Ano iyan, may modus kasi iyan. 'Yung mga nagfa-file ng kaso, binibigyan ng wrong address ang prosecutor," Remulla said after the signing of a memorandum of understanding with the Justice Sector Coordinating Council at the Supreme Court.

("There's a modus there. Those filing cases give prosecutors the wrong address.")

"Kailangan diyan maimbestigahan ng DOJ 'yan. Kung ano nangyari kasi nga bakit hindi dumating? Ano nangyari sa subpoena? Ano nangyari sa documents na pinadala sa respondent-accused?" he added.

("The DOJ needs to investigate what happened. Why didn't it arrive? What happened to the subpoena? What happened to the documents sent to the respondent-accused?")

Remulla said prosecutors should not merely rely on information provided by complainants and have a duty to exercise due diligence.

"It should not happen," Remulla said, referring to the circumstances raised in Lustre's case.

Arrested over cyber libel. Lustre, a veteran journalist, was arrested while attending a news forum in Quezon City on Saturday, October 24.

He was arrested on the strength of a warrant issued by the Regional Trial Court Branch 10 in Davao City in connection with a cyber libel case.

According to Lustre's lawyer, Dino de Leon, the journalist was unaware of the complaint before his arrest.

De Leon said Lustre had not received a subpoena or notice that would have given him an opportunity to answer the complaint during the preliminary investigation.

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