In dismissing the complaint of former Marcos lawyer Oliver Lozano, the Quezon City Prosecutor’s Office said newspaper clippings cannot be used as evidence to prove the commission of the offense, inciting to sedition.
The prosecutor said newspaper reports consist of "nothing but hearsay twice removed," and that Lozano had no legal basis to file the suit because he is not a public officer.
Under Article 142 of the Revised Penal Code, the offense of inciting to sedition is committed against public order and therefore must be prosecuted by a public officer whose duty is to enforce the law, the prosecutor added.
The Quezon City prosecutor said Arroyo, Aquino, and Sin were also exercising their rights to free expression when they called for President Estrada to resign. In a resolution, the prosecutor said there was nothing in the remarks of the three personalities that had encouraged public disorder or stirred up the people to rise up and overthrow the government.
"Free expression is a preferred right," read the resolution.
Rene Saguisag, Sin’s lawyer, who said the Cardinal was merely exercising his right to free speech, which is protected by the Bill of Rights.
Saguisag said Sin’s case is an exception to the Rules of Court prohibition on the filing of a motion to dismiss while the preliminary investigation is being heard.
Lozano accused Arroyo, Aquino, and Sin of fomenting disorder in the streets by calling for President Estrada to step down following allegations of Ilocos Sur Gov. Luis "Chavit" Singson that the Chief Executive is involved in illegal gambling.
Lozano attached as evidence of his complaint newspaper reports quoting Arroyo, Aquino, and Sin as saying in various forums that Mr. Estrada has lost the moral authority to govern the nation.
Lozano also accused the three personalities of agitating the public into rising up in arms against the duly constituted authorities led by President Estrada.