The Quezon City Police District (QCPD) is under fire for accusing and pursuing legal action against a private citizen while simultaneously being accused of spreading fake news themselves.
The QCPD has filed a complaint against Janus Munar, invoking Article 154 of the Revised Penal Code (RPC) and Republic Act No. 7610, in conjunction with RA 10175, the Cybercrime Prevention Act of 2012.
Munar is represented by lawyer Jose Manuel “Chel” Diokno of the Free Legal Assistance Group.
Article 154 of the RPC deals with the “unlawful use of means of publication and unlawful utterances.” Notably, this law has seen rare application, with no recorded cases reaching the Supreme Court.
Curiously, it’s the same law that the Rodrigo Duterte administration employed to summon “more than a dozen people” due to their critical social media posts regarding the government’s COVID-19 response.
During an interview on Radyo 630 dwPM, Lt. Col. May Genio, commander of the Holy Spirit police station, categorically identified Munar as the person responsible for a viral video depicting a traffic jam along Quezon City. Genio described Munar as a staunch critic of Duterte based on his Facebook posts.
However, Munar vigorously denied being the video uploader, emphasizing his innocence during a subsequent interview with The STAR. “I am not the one who took the video, and I am not in any way connected to the individual who captured it,” Munar insisted.
Munar claims that the video was sent to him by a friend via Facebook Messenger. He clarified his actions, stating, “As a concerned citizen, I shared it because I believed it was important for the public to be aware that stopping traffic for a VIP’s crossing appeared to be somewhat excessive.”
Questioning the motive behind the QCPD’s actions, Munar expressed his concerns on social media. He posted on X, “Those who have sworn to protect the rights of the people are now the ones who violate it. #NotoAbuseofPower.” He also shared a news story titled, “Retract traffic jam video claim, QCPD urged.”
Diokno, Munar’s lawyer, used X to refute the claim that his client was the video’s uploader. He wrote, “Janus merely shared the ‘VIP’ video, and he is free to express his opinion. Why is the QCPD targeting him when there are more significant issues to address? We went to the QC Prosecutors’ office today to assert Janus’ right to participate in the preliminary investigation. We will fight this.”
In an interview with journalist Christian Esguerra, Diokno reiterated that his client merely shared the video without being its uploader. He noted that the voice of the video’s uploader differs from that of his client, emphasizing Munar’s respectful demeanor.
Diokno particularly criticized Lt. Col. Genio, who revealed Munar’s identity as both the sharer and uploader, a claim that he vehemently denies. “We were alarmed by their actions and questioned their basis. Why did they immediately make such statements when there hasn’t been a thorough investigation?” Diokno wondered.
The QCPD has charged Munar not only with the violation of Article 154 (spreading false news) but also with RA 7610 (Child Abuse Law, which contains some non-bailable offenses). Diokno expressed his concerns about potential discrimination, posting on X, “Kontra tayo sa fake news at child abuse, pero mukhang diskriminasyon na ito.”
Netizens have swiftly condemned the QCPD’s actions, criticizing them for allegedly spreading fake news and abusing their power. One X user questioned the charges, saying, “What violation? Meanwhile, Duterte, who made grave threats against Castro, remains uncharged. Unbelievable, police.”
Another netizen addressed the QCPD directly on X, saying, “@ProudToBeQCPD, before you invent various cases against various people, please tell us who the VIP in Commonwealth is. Otherwise, your arguments lack credibility.”
The Daily Netizen 