MANILA — A legal battle is shaping up over the arrest of former broadcaster Jay Sonza, after his lawyer challenged the legality of the warrant and disputed the classification of the charge as non-bailable, arguing that the alleged offense carries only a minimal penalty.
Atty. Mark Tolentino on Friday questioned both the basis and execution of Sonza’s arrest, saying the warrant appeared to have been issued for a minor offense that should not have led to detention.
“Actually ‘yung kaso, expected na ito but ‘di namin expected na arestuhin siya today. Kasi nag-usap kami kaninang umaga, ‘yung kaso kasi na na-file sa court dalawa ‘yan, ‘yung tinatawag na cyber libel and ‘yung unlawful publication. But ‘yung na-issue-han ng warrant ‘yung unlawful publication. Very minimal na kaso lang iyan. I think nasa six months imprisonment lang iyan so mali ‘yung… ang problema mali ‘yung nakalagay sa warrant of arrest,” Tolentino said.
He further contested the indication in the warrant that the offense is non-bailable, stressing that the penalty does not warrant such classification.
Tolentino maintained that the case should not have resulted in detention, and raised concerns over the issuance of the warrant itself.
“But because of the internet aspect umakyat siya sa RTC (Regional Trial Court). This is a bailable offense… so ibig sabihin walang authority ang NBI (National Bureau of Investigation) na mag-aresto. Ang problema maybe nagkamali ang court, nag-issue ng warrant,” he said.
The defense is now preparing to seek immediate court intervention for Sonza’s release.
“We will file a proper manifestation sa court to issue an order informing or requiring the NBI to release immediately our client on the ground na wala sila legal basis to detain,” Tolentino said.
Despite questioning the warrant, the lawyer acknowledged that arresting officers were merely carrying out a court directive.
“They were only ordered by the court to arrest. Maybe mali ‘yung order ng court. Wala sa trabaho nila iyan ,” he said.
Tolentino also cast doubt on the filing of the complaint, questioning both the role of the NBI and the choice of venue.
“Itong kaso na ito nag-file NBI reason nila may fake publication daw about health of the president. Cinite ko na argument sa preliminary investigation bakit ang NBI ang nag-file? Una ang NBI wala naman personal knowledge about that publication,” he said.
“Second the NBI is not the offended party… may question din ako bakit sa Pasay finile? … allegedly the offended party is the President of the Philippines… Manila hindi naman sa Pasay.”
Sonza was arrested Thursday night by NBI agents over allegations that he spread false information regarding the health of President Ferdinand Marcos Jr.
The charge was filed under Article 154 of the Revised Penal Code, in relation to the Cybercrime Prevention Act, which penalizes the spread of false information that may affect public order or state interests.
NBI director Melvin Matibag said the arrest warrant was served in the evening when courts were already closed. With Friday declared a public holiday, Sonza will remain in custody until he can be presented before a Pasay court on Monday.
The former broadcaster is currently detained at the NBI headquarters in Pasay City. Authorities said he was provided a wheelchair after complaining of mobility issues, while medical personnel are on standby due to his reported asthma.
Investigators said the case stemmed from cyber-surveillance operations earlier this year that allegedly linked Sonza to the circulation of unverified claims, including a supposed medical report and statements about the president’s health.
Sonza, for his part, said he was surprised by the non-bailable classification of the case but would leave the matter to his lawyers./PN
