‘Editor’ Lomibao gets flak

Congressmen told Philippine National Police chief Director General Arturo Lomibao yesterday that he should not assume the role of a news editor even if the nation is under a state of emergency.

Representatives Roilo Golez of Parañaque, Antonino Roman of Bataan and Alan Peter Cayetano of Taguig-Pateros were one in saying that Proclamation 1017, in which President Arroyo declared a state of national emergency, does not empower the police to threaten media entities with closure, much less take over any of these businesses.

Meanwhile, the Philippine Press Institute viewed with grave concern attempts to curtail press freedom following last Friday’s presidential proclamation.

In a statement issued after a board meeting March 1, the PPI said "a newspaper’s editorial office and printing press have been raided for offenses that authorities have not deigned to make public or explain. Warnings have been issued against violations of ‘standards’ that are shrouded in obfuscation and mystery."

Golez, in a news forum at Serye Café in Quezon City, said "the Constitution mandates that press freedom cannot be abridged in any manner. There is no middle ground on press freedom. It’s either the press is free or not."

Roman said threatening the media with takeover or calling for self-censorship among journalists "is not the job of the police."

He said he could not understand why the President or any Malacañang official had allowed the PNP to make such pronouncements.

"The threats are having a chilling effect on the media that could remain even after 1017 is lifted. Is that the intention?" asked Roman.

For his part, Cayetano said an administration "that has not answered charges of lying, stealing and cheating has no moral authority to give guidelines on how the media should conduct itself."

He said there are enough existing laws, including one on libel, through which people aggrieved by the media, including public officials, can protect themselves from irresponsible journalists.

PNP spokesman Superintendent Samuel Pagdilao told the same news forum that the PNP had "acted within the bounds of the Constitution, the laws and Proclamation 1017."

The three congressmen were reacting to the latest pronouncements of Lomibao. Speaking before the Manila Overseas Press Club the other day, the PNP chief said the media would have to adhere to certain unspecified standards.

"If they do not follow the standards — and the standards are if they would contribute to instability in the government — we will recommend a takeover. Violations of the standards will be left to the judgment of the PNP," he said.

At the same time, Lomibao called for "self-censorship" among journalists.

Roman said Lomibao’s belief that the PNP can take over media entities is apparently derived from a vague reference to Article XII, Section 17 (on national economy and patrimony) in Proclamation 1017.

He said the section empowers the "state" to temporarily take over businesses impressed with public interest in times of national emergencies.

"Note that it is the state, not the president, that has that power. And the word ‘state’ here means Congress, not Malacañang," he said.

"The mention in Proclamation 1017 of Section 17, Article 12, which is not related to the commander-in-chief provision authorizing the president to call on the Armed Forces to prevent or quell an invasion or rebellion, is directed against the media," he stressed.

Golez said authorities should not tamper with press freedom.

"President Arroyo will not be president forever. Director General Lomibao will not be PNP chief forever. We will not be congressmen forever. But press freedom is irreversible and is here to stay," he said.

He added that, if the PNP chief wants to assume the role of an editor, "he should switch jobs."

Roman and Cayetano, who are lawyers, also said 1017 does not allow arrests without warrants, except in instances specified by law such as when a person is in the act of committing a crime.

Surigao del Sur Rep. Prospero Pichay Jr., a staunch administration ally, agreed with his colleagues.

However, he said in the case of six militant congressmen who were charged with rebellion, "they can be arrested without warrants because rebellion is a continuing crime."

The PPI, in its statement, simply quoted the Constitution: "No law shall be passed abridging the freedom of the press."

It added that where no law can trespass through the front door, no proclamation, decree, order or directive should enter via the backdoor in the guise of preserving law, order and security.

The PPI said the state, through 1017, is trampling on areas protected by the Constitution and hallowed by tradition.

"The exercise of emergency powers does not suspend the Bill of Rights. Prior restraint on the press is anathema to a democratic way of life," PPI said.

It added that even if no newspaper is closed down and no journalist is hauled off to jail, this does not make the assaults on the press any less repugnant.

"The intent is to intimidate... The Philippine press has a long tradition of resistance to tyranny. We refuse to be cowed," it said.

The PPI called on all media organizations to expose and resist any State attempt to limit their exercise of press freedom. It also commits itself in solidarity with all sectors resisting "the creeping return to the dark days of repression."