Retired military general Romeo Poquiz, a known critic of the Marcos administration, raised what he described as “three red flags” surrounding the arrest of former broadcaster Jay Sonza and warned of possible abuses in the justice system.

In a statement posted online, Poquiz said Sonza’s arrest for alleged fake news violations under the Cybercrime Prevention Act of 2012 appeared to be “not normal,” citing what he characterized as irregularities in the way it was handled.

Poquiz questioned why the arrest warrant labeled the offense as “non-bailable” despite the charge carrying only a light penalty.

He also questioned the basis for the complaint, saying that under the Revised Penal Code, libel and cyberlibel cases should normally be filed by the offended party.

Why NBI?

Yet in Sonza’s case, it was the National Bureau of Investigation (NBI) that initiated the complaint, Poquiz noted, prompting him to ask who the actual aggrieved party was.

“Where is the aggrieved party who should have filed the complaint?”

Poquiz likewise doubted the timing of Sonza’s arrest, noting that he was taken into custody at night despite what he described as a Department of Justice (DoJ) policy favoring daytime arrests.

Sonza’s lawyer, Mark Tolentino, echoed this, saying the charge — which is the violation of Article 154 in relation to the Cybercrime Prevention Act — carries a penalty of only up to six months imprisonment.

“This is a bailable offense, or bail not required. That means the NBI had no authority to carry out the arrest,” Tolentino told reporters.

Huge implications for freedom

The former military officer warned that the case raises troubling issues regarding the denial of bail, the complainant’s identity, and the circumstances of the arrest.

“If this is how the system works now, anyone can be charged even without a direct victim, jailed despite being entitled to bail, and arrested at any hour,” Poquiz said, adding: “This is not just a simple case. It is a warning. Today it is Sonza, tomorrow it could be you, me, or anyone else.”

Meanwhile, Tolentino said Sonza’s legal team will ask the court to clarify what they believe was an error in the arrest warrant issued by the Pasay Regional Trial Court.

Gov’t commitment

Despite the criticism, the Presidential Communications Office (PCO) defended the arrest and praised the NBI’s swift action to curb the spread of fake news involving President Ferdinand Marcos Jr.

In a statement over the weekend, PCO Acting Secretary Dave Gomez said the arrest reflected the government’s commitment to protect the public from misinformation under the “Oplan Kontra Fake News” campaign.

“Speak freely, but not falsely,” Gomez said.

The PCO had previously endorsed several fake news complaints to the DoJ for further investigation by the NBI and the possible filing of cases in court.