Gov. Arthur Yap is making it clear that despite his accusation against a media outlet executive and 2 others for alleged inciting to sedition, he is a firm believer of press freedom.
In last week’s edition of The Bohol Tribune, it was reported that Gov. Yap has filed a complaint before the City Prosecutor’s Office of Makati against DYRD General Manager and Bohol Chronicle Associate Editor Peter Dejaresco; former Tagbilaran City Mayor Dan Neri Lim and businessman Emmanuel “Willy” Ramasola for alleged violation of Art. 142 of the Revised Penal Code, which is inciting to sedition.
Inciting to sedition, according to the Revised Penal Code, is defined as “an act committed by any person who, without taking any direct part in the crime of sedition, should incite others to the accomplishment of any of the acts which constitute sedition, by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end, or upon any person or persons who shall utter seditious words or speeches, write, publish, or circulate scurrilous libels against the Republic of the Philippines or any of the duly constituted authorities thereof, or which tend to disturb or obstruct any lawful officer in executing the functions of his office, or which tend to instigate others to cabal and meet together for unlawful purposes, or which suggest or incite people against the lawful authorities or to disturb the peace of the community, the safety and order of the Government, or who shall knowingly conceal such evil practice”.
THE ALLEGATION
The governor asserts in his complaint that the 3 individuals have allegedly acted as catalysts to incite anarchy in the province by mounting numerous tirades against the Provincial Government of Bohol (PGBh).
These attacks were done despite the fact the PGBh, through the leadership of Yap, is leading the pack in facing the problems brought about by the pandemic, the Provincial Information and Media Relations (PRIMER) office said in a report.
The same report adds that the governor noted that the media network, composed of dyRD and The Bohol Chronicle, has castigated his administration to the point that even baseless accusations, mostly rumors, are being discussed in the said station-produced radio programs and such rumors are even printed as news in the network’s newspaper.
To remember, months back, the governor already filed cases of cyber libel versus Ramasola who is a staunch critic of the governor.
Earlier this year, Yap also filed a cyber libel case against Ramasola for the latter’s alleged libelous and malicious posts on Facebook against the former.
The same report says that it is widely known that Ramasola started his attacks against Yap in 2018,
when then-Congressman now Governor Yap vied for the gubernatorial post against Ramasola’s preferred candidate, former Cabinet Secretary Leoncio Evasco Jr.
Since then, Ramasola never ceased to post alleged malicious and libelous content and fake news against the governor and his administration, the PRIMER report says.
The Primer report continues by saying that Ramasola is also facing another cyber libel case which was filed by the Holy Name University for allegedly spreading fake news about the institution’s Research Department that was responsible for Bohol Poll conducted in 2019.
Meanwhile, the Primer said that former Tagbilaran City Mayor Lim is also a known critic of Yap. Lim, the report said, filed two requests for investigation before the Ombudsman against Yap despite the fact that Lim admitted during his radio guesting at station DYRD that he has no material evidence to support his allegations against the governor.
The PRIMER report added that even with the admission of Lim, the DYRD and Bohol Chronicle still published an exaggerated article that bannered, “charged with plunder.”
The same report said that it is clear that a request for an investigation does not mean an indictment or an assurance that a probable cause is present in the allegation made by Lim against Yap.
Furthermore, a request for an investigation is not tantamount to a case filed at the Sandiganbayan, the PRIMER said in a report
The governor also alleges that the three individuals conspired to mount a demolition job against the Provincial Government in order to sow doubt among Boholanos against the duly constituted authority which will result in chaos if not anarchy in the province.
THE ALLEGED SPIN
The DYRD/Bohol Chronicle has responded to the allegations by way of an editorial published in their newspaper which paints Yap as an anti-media, the PRIMER said.
The PRIMER emphasized that the media network’s stand is that Yap is onion-skinned and cannot take any criticisms.
In the said editorial, according to the Primer, the media entity also maintained a stand saying the media being the fourth estate has the right to press freedom and should not be curtailed nor harassed by any authority.
Based on the editorial, the PRIMER continues, it can be deduced that they view the charges filed by Yap against the media entity as a form of harassment to the media,
According to the media outfit, the PRIMER said, the governor also issued a veiled threat to file charges against any media personality who will try to criticize his administration.
The PRIMER continued that Dejaresco also said that there can be no conspiracy among the accused for he has not met and talked with Ramasola ever, not even through the phone. He has not talked to Lim and even claimed that they were adversaries for years.
The same statements were echoed by co-accused Lim and Ramasola, the PRIMER said.
The PRIMER also said that the media outfit compared itself to ABS-CBN. It is widely known that ABS-CBN has been shut down after Congress denied the network’s franchise renewal, thus it was no longer able to broadcast using its assigned frequencies.
YAP: I AM NOT ANTI-MEDIA
In a text message sent to The Bohol Tribune, Yap asserts, “I am a believer in freedom of the press. I am and will be supportive of the media, both print and broadcast because I know of its important role to inform the people on important current events and issues. I also know the importance and value of an informed citizenry to help bring progress and development as well as promote peace and order in our community.”
Yap responded to the editorial printed by the Bohol Chronicle by saying, “I deplore as another lie in the editorial of Bohol Chronicle that I want to shut down said newspaper by filing a case of inciting to sedition against its chairman and two other respondents.”
Yap added, “I likewise deny that I made veiled threats to the staff of said newspaper that they would suffer the same fate of being charged ‘if they do not kowtow’ to my brand of journalism. I do not make threats, veiled or otherwise. Did I make a threat against the BC chairman and his co-respondents before I filed the complaint for inciting to sedition against them? I did not. I act and do what and when I see fit and proper to be done under certain facts and circumstances.”
The governor quipped, “The people of Bohol know that I have been a victim of the onslaught of lies, fabrications, misinformation and insults that these persons have been spreading incessantly against me for more than a year already or right after my assumption to office as governor of the province. My critics used the Bohol Chronicle, DYRD and their FB [Facebook] pages to attack me and my administration at every opportunity they get.”
The governor clarified, “Like other victims, I filed the case for inciting to sedition against Mr. Peter Dejaresco and two other respondents, Atty. Dan Lim and Mr. Willy Ramasola, as a matter of my right to seek justice and redress for the wrongs they have done against me and my administration. I filed the complaint before the Office of the City Prosecutor of Makati City, which is the legal way and is the proper forum.”
He further said, “What the three respondents have done to me are only designed and calculated to sow hatred and revenge against my person and as Governor, against the Provincial Government of Bohol and its officials and employees, and in order for the people to lose respect and erode their trust and confidence in their provincial governor, other officials and employees.”
“Their intention is to prevent me from performing my duties and responsibilities, or tend to disturb or obstruct me in executing the functions of my office, or tend to instigate others to cabal and meet together for unlawful purposes, or suggest or incite the people against the constituted authority of the province or to disturb the peace of the community, or the safety and order of the government. This is the essence of the crime of inciting to sedition under our Revised Penal Code. I cannot allow them to continue doing all these things with impunity”, he added.
In the case of Cabansag vs. Fernandez, it states: “It is a fundamental principle, long-established, that the freedom of speech and of the press which is secured by the Constitution does not confer an absolute right to speak or publish, without responsibility, whatever one may choose, or an unrestricted and unbridled license that gives immunity for every possible use of language, and prevents the punishment of those who abuse this freedom.”
Furthermore, the governor said, “Thus, even the Broadcast Code of the Philippines, as preamble, so declares that broadcasting, because of its immediate and lasting impact on the public, demands of its practitioners a high sense of responsibility, morality, fairness and honesty at all times, and to protect the sacredness of individual dignity, and promote national unity.”
Yap added, “I filed the case consistent with the rule of law that I am sworn to uphold as the provincial governor, and being a lawyer too, to maintain peace and order in the community, preserve decency and protect the dignity and reputation of each and every one of us.”
NO CONSIPRACY
Dejaresco, for his part, maintained that there is no connivance between him and 2 other co-accused saying: “Unsaon intawon pag-connive namo nga wa na man mi magka-istorya ni Atty. Lim? Kini si Willy Ramasola, wa gani siya sa ahong phonebook. We haven’t talked even once.”
Nilo Ahat, the Provincial Legal Officer and Acting Provincial Administrator shut down the claim as he said, “Conspiracy is not established by proof of phone calls or meetings but from the acts of the accused themselves when said acts point to a joint purpose and design, concerted action and community of interests. That’s why it is called “the act of one is the act of all.”
GOOD CHARACTER OVER MALICE, FAKE NEWS
According to some sources in the Capitol, Yap chose to file a case against the respondents as discreet as possible so as not to attract a media circus out of the filing of the case.
Sources said that the governor has applied maximum tolerance against those who allegedly spread lies against him and his administration.
Kevin Damalerio, an Executive Assistant of Yap, has also sent a text message to The Bohol Trbune as a reaction to the alleged twisted media spin made by the respondents. He said, “The governor maintains his good character despite all the malicious information hurled against his administration. The filing of charges is the right way to respond to their attacks against him. He is not like any other man who throws punches at his opponent the moment he is attacked. Dili man gud hilig makig-away ang Gobernador sa kahanginan ilabi na kung atakehon na siya ug butang-butangan na siya ug mga sala maski dili tinuod.”
Damalerio added, “Kaning ilang giingon nga ang pagfile ni Gov. Yap ug kaso batok sa DYRD, mura kuno ug sama sa gibuhat ni Duterte sa ABS-CBN nga gipasirado tungod kay nipaso na ang ilang prangkisa, klaro kaayo nga bunga lang sa ilang imahenasyon. Dili man kana tinuod. Unsay labot sa kaso nga inciting to sedition sa ilang franchise? Klaro kaayong nagpaluoy-luoy lang sa katawhan aron ingnon nga sila ang biktima imbis nga si Gov. Yap ang biktima sa ilang pangdaut.”
Damalerio revealed, “Nganong kahibaw man ta nga makapadayon pa sila sa ilang pagsibya? Tungod kay si Gov. Yap ang nangamahan sa ilang 25-year franchise sa dihang Kongresista pa siya sa Tersero Distrito. Basin na amnesia ning DYRD, nakalimot sila nga ug dili pa tungod ni Gov. Yap, dili na unta na sila makasibya karon. They compared themselves to ABS-CBN nga dili mana pareho ug sitwasyon. When ABS-CBN’s franchised expired, naundang gyud sila. Apan ang DYRD, maski na expire ilang franchise, nagpadayon sila ug tingog, sibya sa kahanginan maski way prangkisa. Ang tinuod mas hawod pa sila sa ABS-CBN.”
Damalerio added, “If Governor Yap is against the media, why will he author in Congress the grant of a new franchise to DYRD for 25 years? Besides, why will they be afraid kung wala silay sala? Face the charges. Tugutan nato nga motuyok ang hustisya ug ihatag nato sa piskaliya ang kahigayonan nga modesisyon kung nakalapas ba gyud sila sa balaod sa dihang nagsige sila ug atake sa kapitolyo.”
“Galibog bitaw ko ug nganong moingon ang DYRD nga ang pagpasaka ug kaso batok nila would mean it is also an attack on the media? Does DYRD represent the entirety of Bohol Media? I don’t think so. Nganong nitiyabaw man ni sila karon? Sa panahon bitaw nga dihay media practitioner nga gikiha ug napreso, nitingog ba ang DYRD nga it is an attack to the media? Nganong nagpakahilom man sila niadtong panahona? Would it mean nga sad-an ang maong media practitioner o kaha nahadlok sila nga sila na unya ang ikiha sa complainant? If indeed they care about the media and not only for the sake of their own business and personal interest, nitabang unta sila niadtong higayon nga napreso ang maong akusado nga media practitioner, ug gihisgutan unta pud to nila sa ilang radyo” he quipped.
Damalerio further said, “Klaro ang tumoy niining tanan, pulitika. Sa ilang station-produced radio program, ila paman ganing gipatingog ang kaatbang sa Gobernador maski walay labot sa hisgutanan. Klaro pud nga gihatagan na daan ug question kay nagbasa na gud siya sa iyang tubag. Ayaw nalang ta uy, mura man ta ug gipanganak ta gahapon.”
BUSINESS INTEREST?
Throughout the week, netizens posted their reactions to the said issue. There has been a photo circulating online showing a copy of House Bill No. 4924, introduced by Cong. Erico Aristotle Aumentado.
House Bill No. 4924 seeks to renew the franchise granted to Negros Broadcasting and Publishing Corporation which is a sister company of DYRD/Bohol Chronicle Radio Corporation. The said corporation is located in Dumaguete City and is allegedly owned by Eli Dejaresco, the brother of Peter Dejaresco.
The terms of the franchise as stated under HB 4924 are for 25 years.
This prompted the netizens to ask questions like:
- Why would the Congressman of the Second District author legislation like granting a franchise to a corporation outside of his Area of Responsibility?
- Does this show connivance as Cong. Aumentado is now vying for Governor against incumbent Gov. Art Yap?
- Do you think the tirades against the Yap-Relampagos Administration are part of the narrative to bring down the incumbent administration so that Cong. Aumentado will emerge victorious in the coming 2022 elections?
- Is DYRD/Bohol Chronicle paying its debt of gratitude to Cong. Aumentado for introducing a bill that seeks to renew the franchise of its sister company in Negros Oriental?
- Could there be a secret deal between the Cong. Aumentado and the DYRD?
Damalerio said that these questions remained unanswered. Definitely, reactions from the respondents are welcome if they care to shed light on these matters. Sounds interesting, right?