Gov. Arthur Yap has filed inciting to sedition charges against three persons who are apparently critical to his administration, according to a post by Capitol’s staunch critic Willy Ramasola.
The governor confirmed to The Bohol Tribune about the report by Ramasola in a telephone interview, Oct. 14, 2021.
Yap filed the said charges against Ramasola, former Tagbilaran mayor Dan Neri Lim and associate editor of the newspaper, The Bohol Chronicle and radio station manager dyRD Peter Dejaresco.
The cases were filed before the Makati Prosecutors’ Office last month, according to the governor.
The governor accused the 3 respondents of allegedly launching intense, systematic, incessant attacks to bring down his administration.
In a Facebook post, Ramasola maintained his innocence that he did not do anything against the governor to incite sedition.
“Paano ba ako nag incite ng rebellion or insurrection against Bohol government? Eh hindi naman ako Jose Rizal na makapag sulat ng El Filibusterismo? Puro Facebook post nga lang ako eh,” Ramasola wrote in a post.
At the same time, Ramasola chided the governor by saying that Yap should be booted out of office after the next election.
He ended his post by saying, “Mag tinabangay tang tanan mga Boholanos! Let’s protect and save Bohol from this corrupt Governor Art Yap.”
RATIONALE IN THE FILING OF RAPS
In a radio interview on Oct. 14, 2021 on Open Forum hosted by Ardy Araneta-Batoy and Dave Albarado, Yap explained the rationale behind his accusations against the 3 persons.
He cited instances of the spreading of fake news against his administration and these pieces of disinformation are being picked up by a mainstream media outfit, as inciting to sedition.
The governor said that the incessant and almost daily barrage of fake news and disinformation against his administration by the respondents led him to file the charge of inciting to sedition.
“Kung adunay tawo o grupo nga sige ang pag gama-gama ug o mga paglingla nga mga estorya batok sa gobernador o sa provincial government, kanang buling-bulingan ta ug daut-daoton ta dili ba kaha nga kon atong pasagdan ra ang mga bakak nga isabwag, mutuo ang mga tawo sa mga fake news?” the governor said during the interview.
The governor said that if his administration is being subjected to daily attacks spanning for at least 2 years, he believes the people’s trust and confidence on his government might get eroded.
He added that if he would remain silent amid the attacks and do nothing, it might reinforce the mindset of some people and eventually harbor distrust on his administration.
The governor floated the possibility that the people of Bohol who have believed in the fake news might do something negative against the provincial government
He emphasized that if the people lose trust on the provincial government due to the spread of fake news, then there is a possibility that the delivery of services of government to the people could be derailed.
In conditioning the minds of the people to distrust government using fake news, it might lead to anarchy, the governor emphasized during the interview.
Yap said that he made sure to build a good case against the respondents as his complaint affidavit reached at least 100 pages.
PATIENT NO MORE
Yap said that he has been trying his best to extend his patience amid the barrage of fake news thrown against his position and his administration.
However, the incessant barrage of fake news has prompted him to finally act and file charges against the 3 personalities in order to prevent the people from losing faith in his administration.
WHY HE FILED THE CASE IN MAKATI?
Yap said that he filed the charges in Makati to extinguish the possibility of being accused of using his influence to get a favorable outcome if the case would be filed here in the province.
The governor said that he is relinquishing the “homecourt advantage” to Ramasola. Ramasola, who is originally from the province, is now residing in Makati.
Moreover, Lim and Dejaresco are based in Tagbilaran.
LEGAL PRECEDENT
According to Atty. Julius Delgado from the Provincial Legal Office, during the weekly press conference, on Oct. 14, 2021, where The Bohol Tribune was the only media outlet present, he said that satirical attacks could be considered to be inciting to sedition.
He cited a jurisprudence, People vs. Espuelas, which coincidentally the said case happened in Bohol that can be used to bolster the case of Yap against the 3 respondents.
In that case, the Supreme Court decided that scurrilous attacks are tantamount to inciting to sedition because such attacks urged the people to lose its faith or trust on the duly constituted authorities, Delgado said.
RAMASOLA’S RETORT
Ramasola in another post on Oct. 16, 2021, made a few assertions.
He said, “I did not prevent the promulgation or execution of any law. I have no power nor capacity to do so. “
He added: ”I did not, because I have no power nor capacity, to prevent you from performing your functions.“
Ramasola, further wrote on his social media account, “I have not inflicted (in tangible terms) any hate or revenge upon you or your property. Just merely expressing my sentiments via Facebook is not inflicting tangible hate. And if it does, it was not achieved thru force, intimidation or other means outside legal methods. Example of inflicting hate: physically punching you. “
He quipped: “I did not inflict hate or revenge against any private persons. This is not applicable to you because you are a public official. “
Ramasola again emphasized in his post that “I did not despoil any person for any political or social end. Actively campaigning against you is not sedition. It’s freedom of expression and you should not be onion-skinned. “
He concluded his post by saying: “Abogado ka ba talaga, Gov? That’s how sedition works kasi. But why are you charging me for INCITING TO SEDITION??? To encourage others not to vote for you is not illegal!!! This is a nuisance case! Naunsa man ka? Sino ba adviser mo? Si Atty. Nilo Ahat ba? Siya ba yung nagsabi na legal yung magkabit ng fake na plaka sa sasakyan? Ah kaya naman pala.”