HE may have apologized for his action but blogger Drew Olivar will still be charged with violation of Presidential Decree 1727 otherwise known as the “bomb joke law”, Philippine National Police chief, Director General Oscar D. Albayalde said yesterday.
Olivar had posted a bomb scare post on Facebook as anti-government protesters held a rally in commemoration of the 46th anniversary of the martial law declaration on Friday.
“He will be formally charged for violation of the law,” said the PNP chief.
The National Capital Region Police Office headed by Director Guillermo Lorenzo T. Eleazar will be forwarding the case against Olivar to the Department of Justice for appropriate action.
Eleazar explained that Olivar was not arrested during the press conference last Saturday because the “bomb scare” incident in which he figured does not fall within any of the circumstances of valid warrantless arrest under Section 5 of Rule 113 of the Revised Rules of Criminal Procedure.
The rule says that “in the presence of the arresting officer, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; or when the offense has just been committed and he has probable cause to believe based on personal knowledge of facts of circumstances that the person to be arrested has committed it.”
Eleazar said that while it could be considered as a continuing crime, the offense had already been consummated days before Olivar surfaced in his office, not to mention that the meeting happened after the supposed occurrence of the bomb threat.
“Thus, the incident does not fall under Sec. 5 of Rule 113 which allows the arrest of Olivar without a valid warrant. But we can have the case referred to the prosecutor’s office through regular filing and hopefully, we can get a warrant for his arrest,” he added.