Blogger Olivar to be charged over 'bomb joke,' PNP chief says
MANILA, Philippines — Pro-Duterte blogger Drew Olivar will be facing charges for posting a bomb scare on Facebook, Philippine National Police Director General Oscar Albayalde said Monday.
Olivar, known for being Presidential Communications Assistant Secretary Mocha Uson' co-host in an online show, drew flak for his Facebook post last week.
Prior to the 46th anniversary of the declaration of martial law last Friday, Olivar suggested that a bombing similar to Plaza Miranda in 1971 might happen.
“Ay nakakatakot naman mag-rally sa EDSA, kasi may kumakalat na baka maulit daw yung pagbomba kagaya ng Plaza Miranda! Kung ako sa inyo, hindi na ako pupunta (Joining a rally on EDSA is scary because reports are spreading that the bombing of Plaza Miranda might happen again. If I were you, I would not go),” Olivar said in a Facebook post, which has been taken down.
Protests were actually held in Plaza Miranda, Mendiola and Rizal Park in the City of Manila, not on EDSA.
Albayalde said Olivar will be facing charges for violating Presidential Decree 1727, which is informally called the "Anti-Bomb Joke Law."
"I think Drew Olivar has learned his lesson and he will be charged for violation of PD 1727 or the (Anti-Bomb Joke Law)," Albayalde said in a press briefing Monday.
Under the decree, violators will be punished with imprisonment of not more than five years or a fine of not more than P40,000.
PD 1727
On Oct. 8, 1980, President Ferdinand Marcos signed PD 1727, which declared the malicious dissemination of false information of any threat concerning bonbs or explosives as unlawful.
"Whereas, in the wake of recent bombings, arsons, and other terroristic acts committed by radicals and other lawless elements in the country, such radical and lawless elements, and other persons popularly known or described as 'pranksters', having been conveying, propagating or otherwise disseminating false information or willfully making threats regarding the alleged presence of bombs, explosives, incendiary devices, or any similar device or means of destruction in buildings, tenements, and other places, by word of mouth or through the use of telephones, telegraph, the mail, and other means of communication, for the purpose of causing or creating public confusion and disorder," the decree read.
Section 2 of PD 1727 states that any offender will be arrested and will not be entitled to bail pending trial by military courts that would have jurisdiction over such cases.
Authorities have generally been strict about implementing the presidential decree and treat jokes and similar statements about bombs seriously.
'Jokes' taken seriously
In June, an Overseas Filipino Worker was arrested at the Ninoy Aquino International Airport for remarking that he would blow the airplane up when he was prevented "from getting a bottle of wine from the plane’s galley" on a flight from Saudi Arabia. He was handcuffed at the airport and charged before the Pasay prosecutor's office.
In May, a flight from Dumaguete was delayed after an elderly priest refused to move a food container he had put on an empty seat on the airplane.
"Huwag kang mag-alala. Pagkain naman ito, hindi bomba (Don't worry, this is food, not a bomb)," he reportedly said, which led to passengers having to deplane as police searched the aircraft for explosives.
A bomb "joke" led to the arrest and detention of an Italian tourist in Kalibo airport in June 2017 when he made an ill-considered remark after he "got a little cranky when he was informed of rebooking fees."
An employee of a bus company was arrested in May 2017 for shouting that a bag left at a Quezon City bus station had a bomb inside.
In April of that year, a 20-year-old man was arrested "for joking that he was carrying a bomb in his bag while entering a mall in Caloocan City."
On Saturday, Chief Superintendent Guillermo Eleazar, director of the National Capital Region Police Office, announced in a press conference that there will be no special treatment for Uson's blogger friend.
"There are no sacred cows here,” Eleazar said. "We immediately investigated this incident after it was reported to us."
Uson and Olivar were at the same press conference
House bill to 'update' PD 1727
In July 2016, Rep. Erlpe John Amante (Agusan del Norte) filed a similar bill at the House of Representatives, which has been pending before the Committee on Public Order and Safety since August 2016.
In House Bill 1393, the lawmaker noted that provisions of PD 1727 are no longer responsive to present time making conviction of its violators.
"In fact, there is now confusion on who shall acquire jurisdiction of related cases because the said decree has assigned them to military tribunals or military courts, which at present no longer have jurisdiction over civil and criminal cases," Amante said.
The Philippines was still under martial law when Marcos signed PD 1727, assigning military tribunals or courts to take over the cases.
Amante pointed out that there is a need to update existing provisions and remove jurisdiction from military tribunals or military courts.
HB 1393 also updates the penalty of making bomb jokes to imprisonment of not less than six months but not more than one year or a fine if not less than P100,000 but not more than P500,000.
"There is also a threat that provisions of this decree may be used by unscrupulous individuals to maliciously accuse other people because there are no safeguards against this action," the Agusan del Norte lawmaker said.
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