Marcos-style arrest for blogger who shared “Ang Totoong Narcolist” video links
Or why Rodel Jayme’s arrest is repressive and could happen to anyone
By Raïssa Robles
The arrest today of blogger Rodel Jayme was appalling and repressive.
NEWS FLASH as of 5:50 PM, May 2, 2019:
As I was writing this, I wanted to look up the YouTube channel of Ang Totoong Narco List and found that it no longer existed. It had been deleted. It was deleted HOURS AFTER THE ARREST OF RODEL JAYME.
So if RODEL JAYME owns the channel, how could he have deleted it while under the custody of the National Bureau of Investigation?
Or if indeed he owned the channel, did someone from the National Bureau of Investigation or the government delete it, using Jayme’s computer which the NBI had seized?
Or did YouTube, on its own delete, the channel after receiving a request or order from the Philippine government?
Shouldn’t the YouTube channel be PRESERVED because this is THE EVIDENCE for the crime of cyber libel that was allegedly committed?
Here is the original link to the YouTube channel. It no longer works – https://www.youtube.com/channel/UCbSJdixACzjGTh34V0eUfnQ/videos
NEWS FLASH as of 8 PM, May 2, 2019
Department of Justice Secretary Menardo Guevarra has just told reporters that the NBI has initially filed inciting to sedition charges against Jayme.
An NBI official crowed before the press conference this afternoon: “The uploader was arrested for cyber libel and not Bikoy himself.” [NOTE: Bikoy is the whistleblower featured in the video. The NBI claims that Rodel Jayme is the uploader.]
No less than Justice Secretary Menardo Guevarra held a press briefing to confirm Jayme’s arrest.
But as I listened to Guevarra’s briefing, four things became very clear why Jayme’s arrest is wrong:
Neither the NBI nor the the Department of Justice had established that it was Rodel Jayme who had uploaded the videos on the YouTube channel called “Ang Totoong Narco List” –
Rodel Jayme apparently runs the website metrobalita.net. Justice Secretary Guevarra said metrobalita kept posting and posting links of the YouTube videos online.
Justice Guevarra said: “It appears he was the one who started all of these by creating a website. Behind the subsequent uploading of the Bikoy video. So it’s just logical the NBI start with him.”
But when asked by a reporter whether it was Jayme who had indeed uploaded the videos on YouTube and whether the NBI had established that Jayme owned that particular YouTube channel, Justice Guevarra referred the matter to an NBI official who said, “As of now, we are still conducting further validation on that matter. We are not looking solely at metrobalita…”
In other words, neither the NBI and DOJ had established that it was Rodel Jayme who had uploaded the videos.
They weren’t sure, and they had no proof. But they arrested Jayme anyway.
Neither the DOJ nor the NBI had received any complaint of cyber libel in relation to the videos. Instead, the DOJ motu propio (on its own) decided to investigate the videos and the NBI applied for a warrant of arrest.
During the press briefing, both the NBI and the DOJ said they were still mulling what charges to file against Jayme.
I asked a lawyer whether a person can be arrested for cyber libel even if no one had filed a complaint of cyber libel before the DOJ or NBI on the matter.
The lawyer said that “technically, a criminal investigation may commence without a complainant because the offense is against the People.” He said that while it was possible to prosecute a case “even without the participation of the people referred to in the video,” he added that “I’ve never seen the DOJ or NBI take action (in a libel case) without a signed and notarized complaint coming from a victim.” In this case, the DOJ has actually arrested Jayme for cyber libel without any known complainant filing beforehand a cyber libel complaint.
The lawyer also had this word of caution for the DOJ: “But remember that all of the victims of libel in this case are public figures or public officers. This means that under relevant case law, the prosecution must show actual malice or a reckless disregard for the truth.”
Ooops. Does this mean the alleged bank accounts cited in the videos can be the subject of criminal investigation?
Am I alone in thinking it would then seem that the DOJ has now become the personal law office of the First Family, whose members were implicated of drug dealing in the videos?
I wonder what charges Rodel Jayme can in turn file against those who had him arrested, including Justice Guevarra and the NBI officials, plus the judge who had issued the warrant of arrest.
Rodel Jayme was not only arrested. His computer and digital devices were seized by the NBI.
Let me try to explain how Jayme’s rights were violated.
Let’s assume that Jayme does own metrobalita.net or metrobalita.com.
Justice Guevarra said during his presscon:“It appears he was the one who started all of these by creating a website. Behind the subsequent ploading of the Bikoy video. So it’s just logical the NBI start with him.”
First of all, the website and the YouTube channel are two TOTALLY SEPARATE ENTITIES.
There was nothing to indicate in the YouTube channel of “Ang Totoong Narco List” – before it was deleted – that it was also run by the same person who runs metrobalita.net or metrobalita.com.
The YouTube channel had no Google Adsense Publisher’s ID linked to it AND at the same time linked to metrobalita.net or metrobalita.com for the simple reason that the YouTube channel was just created. If I remember right, it was created on March 31 or April 1, 2019.
Justice Guevarra is wrong in saying that the website metrobalita.net or metrobalita.com had been created for the video. The website metrobalita.com was created back in 2017.
Second, there is no logic behind the action of the NBI to start with Jayme, just because he kept sharing and sharing the Bikoy videos.
How do we know that Rodel Jayme did not repost and repost because he felt strongly about the narco videos?
And how will NBI now explain how Jayme was able to delete the YouTube channel while under NBI custody, presumably with all his digital devices seized by NBI, if indeed he owns the channel?
Rodel Jayme’s civil and political rights were violated by his arrest. Namely Sections 1, 2 and 3 of the Bill of Rights.
These sections state the following:
BILL OF RIGHTS
Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.
Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.
Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.
The Duterte government is beginning to look more and more like the Marcos regime.
And I’m afraid that if Duterte’s senators win, we can all say hello to more repression of our civil liberties.
This is not a middle class thing. Or a media thing.
As our experience with Ferdinand Marcos’ Martial Law showed us, the poor will bear the brunt of suffering if Duterte’s senators win and as a ‘thank you’ to Duterte, they agree to replace the present Constitution with a Duterte Constitution.
You can watch Justice Guevarra’s press con below.
Department of Justice holds press conference on the "Bikoy" videos.HIGHLIGHTS:- Justice Secretary Guevarra clarifies narrative on arrest of uploader of "Bikoy" videos. Identifies Rodel Jaime as the one under whose name the website Metro Balita was registered. Metro Balita allegedly regularly shared Bikoy videos. – Guevarra: Makati RTC 148 Judge Andres Soriano issued the search warrant vs Rodel Jaime on April 29. Jaime was arrested on April 30 at around 4AM.- Guevarra: Investigation showed that Rodel Jaime published the link of the "Ang Totoong Narco List".
Posted by ABS-CBN News on Wednesday, May 1, 2019
Again .. they are pointing at Bikoy’s past records and says his statement are not credible. But drug addicts are credible …
Surely if these drug lords who testify against De Lima later gives out statements that points to the family.. hindi na sila credible
Just read this
‘Bikoy’ unmasks himself
@ sam: bikoy used to work at vita plus owns by King in Davao City…
let’s go back to history:
1. from rappler dated 15 Sept. 2016
MANILA, Philippines (4th UPDATE) – A supposed member of the so-called “Davao Death Squad” on Thursday, September 15, claimed Davao City Vice Mayor Paolo Duterte, son of President Rodrigo Duterte, ordered the killing of Cebuano businessman Richard King in 2014.
2. exceprt from ABS-CBN Compiled by the ABS-CBN Investigative and Research Group
Posted at Feb 20 2017 09:46 PM | Updated as of Apr 19 2017 09:21 PM
Matobato further said that Lascañas was among those who tortured him to make him admit to the killing of Richard King. He added that Lascañas was the team leader of the group who carried out the killing of King.
He also said Lascañas was also responsible for killing two of his men–Joel Tapales aka Turko and Pedro Andahas aka Loloy, who were involved in the murder of King, and of Wilbur Chua, who was believed to have heard conversations that may implicate them.
know what would be funny? if the laser technician that removed bong go’s dragon tattoo sa likod ay lumantad din po.
si alyas bikoy is in good company, digong is not credible, panelo as well, lahat naman yata sila sa admin ni digong ay may honesty and credibility issues. to be best and brightest is to have no credibility, he, he, he. all is needed is ability to tell lies, create fake news and dubious matrices.
walang credibility si alyas bikoy, pero ang mga pahayag niya ay credible.
kung credible ang tao ay hindi siya pwedeng makihalo sa dabaw group, threat siya sa existence ng grupo. only those na may bahid yata at birds of a feather ang pwedeng member, he, he, he, pare-parehong may baho.
pero ang mga transactions witness by always bikoy ay tunay, ask the banks involved, he, he, he.
First they came for the Socialists, and I did not speak out— Because I was not a Socialist Then they came for the Trade Unionists, and I did not out speak out— Because I was not a Trade Unionist. Then they came for the Jews, and I did not speak out— Because I was not a Jew. Then the CHINESE came for me and the Filipino people – now We, the Filipinos and our OtsoDeretso candidates can speak out as the only last one left to speak for the Philippines – Vote for OTSO DERETSO!
Be a true Filipino and for posterity. Be appalling and aggressive. Do not wander. Memorize their names para iwas pusoy. Be not afraid. Do not vanish. Maki babaka. Babahain ang mga kalaban. BE BIASED.
nuon,no matter what I say ay ayaw akong pakinggan at binabalewala ako. napapaulanan pa nga ako ng pambobola, pagsisinungaling at kabastusan. meron pa ngang kahalong sangkatutak na fake news, kabaliwan at kapalpakan, halos lahat ng uri ng kurapsyon ay pinalago ng administrasyong ito.
and still, daing ako ng daing, complain ng complain, begging your pardon po, leona, maingay ako, at nangungutya ng husto, bemoaning life and and over medyo halos panis na kanin doused with what little patis there is left, I’m angry at what is happening sa bayan. kung tahimik ako ay paminsan lang po, I have to sleep, he, he, he, and pray in silence for god’s guidance, for courage.
and god answered my prayer and send in otso diretso, yay!
maingay ako but not so much ingay that irritate kapolisan and cause me to lose my life. I know my limit and learned how to pick and choose what battle I can fight. he who runs and fight, gets to run and fight another day.
ang darating na halalan is one big battle, much awaited. where once I was ignored, now I am much courted, not me but my vote. and those that give us train law, wont get my vote. those that signed double plaka law without much thought, the porkers and hugpongs, and the chinese sympathizers wont get my vote.
otso diretso will get my vote!
NOW! Philippines is in BIG TROUBLE with CHINESE ill-effects INVASION that you, arc, me and every Filipino CANNOT get into New CHINESE RETAURANTS – for Chinese ONLY
Padlock ’em! Do Not Issue Mayors’ Permits. Hose ‘Em Down by our Fire Department Trucks. Detain ‘EM by our Immigration Officials. This is ‘war’ not at our WPS but RIGHT HERE in our country, cities, provinces and towns. WAR IS HERE and NOT IN THE SCS/WPS.
Vote OTSODERETSO na
I’m Chinese but what is this? they are doing business here and does not allow non Chinese?
This is so crazy .. are we now truly a province of China?
I cannot afford to eat at chinese restos, walang pera, at wrong race ako. pinoy, e.
apparently dole is looking into the exclusivity of chinese restos kuno, checking on workers, I think, bir should also look into the matter, see if taxes are paid up to date. as well, doh should also look into the matter kung may mga health regulations na nalabag at kung ang mga chinese workers ay may health clearance and not carriers or spreading diseases sila. na wala silang hepatitis na kinakalat, tuberculosis, flu, etc.
i don’t know but if you check the website “metrobalita.com” (obviously is pinoy) but the content is in Japanese and when you translate the website into english .. it is basically selling facial accessories you
Kaya i wonder .. i really wonder
sam, paki-try po ang metrobalita.net.
@arc page not found
not available na.
No need to complete the slate for senators. Para iwas pusoy, Otso Ditetso lang ang dapat iboto.
tama! memorize the names of otso diretso and vote them in, diretsohan na. hwag maghugpong-hungpong. vote otso diretso sa senado.
Marmee Cruz says
I’m afraid that Rodel Jayme maybe forced or induced to give out names who are known Duterte critics/members of the opposition, especially Otso Diretso candidates, for the DOJ to ease up on him.
Last night, I heard a radio commentator (don’t remember the station/name) say that VP Leni Robredo was in a photo with this guy. Of course, this is easy to do with Photoshop and other apps. And this doesn’t prove anything, also.
anybody can have selfie with vp leni, she is that approachable kasi. may selfie din po si vp leni with duterte, seen standing side by side sila at nagkamayan pa nga. vp leni was seen sitting at the table with duterte too. if leni is implicated, duterte is implicated too.
everybody can have pics of anyone and anything, the technology is there na.
rodel jaime should have gotten a lawyer pronto. the more he talks the more doj and nbi sink him. rodel jaime badly needs the advice of a good lawyer and ought to ditch the god syndrome. he cannot take on both doj and nbi by himself. guevarra will just twist rodel’s words round and round and with nbi pushing for his arrest, dead man walking na si rodel. sorry.
rodel’s why would I use my real name . . . smacks of premeditation. I think, he should have cut out the statement. directing to his own innocence would only make guevarra zero in on him. to save self, rodel would have to implicate others. and in doing so, sink himself as well.
get a lawyer! there are many things a lawyer knows and can do that rodel doesnt and couldnt.
Why did DOJ n NBI investigated Bikoy first and not the alleged personalities connected to illegal drug trade? It looks like the state security apparatus is protecting more the credibility of the President than unearthing the real parties involved in big time illegal drug trade. Rodel’s arrest is a violation of his right to free speech. Websites are new platforms for free speech.
doj and nbi both have to maintain duterte’s high rating kaya anything that has possibility to dent the high rating is pursued to the ends of the earth. and going after bikoy ang highest priority nila. drop everything and go after bikoy, he, he, he!
uhm, rodel jaime must be related to imee marcos, halos pareho ang baba nila, he, he, he. sorry, bad joke.
ms. raissa, may i please know how you knew that the account was deleted “hours” after the arrest? i remember checking a few weeks ago, and the YT account was already gone. this was soon after the posting of the second video. but though the YT page had vanished, i saw the third to fifth videos hosted on different facebook pages.
I knew because just before the press con of Justice Guevarra I was exploring the YouTube channel. All the videos were still there. It was a brand new YouTube channel.
Then, when I was already writing my blog, I decided to review the YouTube Channel and when my screen refreshed, all I got was the message that the channel itself had been deleted.
I checked if the videos were still up elsewhere and I noticed another YouTube channel also carried them. At least oe other YouTube channel carrying some of the videos are still up. But the number of “shares” were far, far less than in the original video channel. I recall that the number of shares in the original videos went up to hundreds of thousands in some cases. And the number of channel subscribers were also in the thousands.
I don’t know how log YouTube keeps in its cache any brand new YouTube channel that has been deleted only after a month.
I am sure dozens have already downloaded those Bikoy videos “for posterity”.
News reports yesterday says Rodel Jayme will be charge for sedition. Article ART. 139. Sedition – How committed. – The crime of sedition is committed by persons who rise publicly and tumultuously in order to attain by force, intimidation, or by other means outside of legal methods, any of the following objects:
To prevent the promulgation or execution of any law or the holding of any popular election;
To prevent the National Government, or any provincial or municipal government, or any public officer thereof from freely exercising its or his functions, or prevent the execution of any administrative order;
To inflict any act of hate or revenge upon the person or property of any public officer or employee;
To commit, for any political or social end, any act of hate or revenge against private persons or any social class; and
To despoil, for any political or social end, any person, municipality or province, or the National Government of all its property or any party thereof.
‘PERSONS’ – plural, says the law – Article 139 Revised Penal Code as Amended.
How many ‘persons’ required? Many – in order to ‘rise publicly and tumultuously’
Today, Mr. Rodel Jayme, acc to reports, may be a state witness. Meaning: to start singing the birds’ tunes.
Libel will need a complaint under oath. So far, no news report there is one or two or more complaining under oath.
Questions then: 1.) Is the warrant valid under the law or rules on Criminal Procedure? 2.) If the crime of sedition is the crime charge, who are ‘the others’ PERSONS? 3.) If libel is the charge, who is/are the complainants under oath? 4.) Has Rodel Jayme’s rights been violated? Only his lawyer can probably answer. Who is the PAO lawyer representing him if he has not yet secure a lawyer of his own choice?
Bikoy-bikoy muna itong problema.
and hantong nito if rodel sings the tune at idiin, idiin, idiin at idiin uli ang liberal party ay baka bigyan siya ng order of sikatuna.
so far, rodel is not getting himself a lawyer. for one whose rights have been grossly violated and arrested without due process, rodel seems happy and confident to be giving interviews. almost basking in the attention given him.
begging your pardon po, my observations may well be faulty.
it’s the baba, makes me biased.