The legal team of arrested broadcaster Jay Sonza is preparing to contest a non-bailable arrest warrant issued against him, arguing that the charge underlying it does not legally justify such a restriction.
Sonza was taken into custody Thursday night in Quezon City over allegations that he spread false information about the health of President Ferdinand Marcos Jr. The National Bureau of Investigation carried out the arrest pursuant to a warrant from Pasay Regional Trial Court Branch 118, citing Article 154 of the Revised Penal Code — unlawful use of means of publication and unlawful utterances — in connection with Republic Act 10175, the Cybercrime Prevention Act of 2012.
His counsel, Atty. Mark Tolentino, told GMA News Online that the offense in question is minor by legal classification, punishable only by arresto mayor or a fine. He argued that courts typically handle such cases through summons rather than arrest warrants.
“Under prevailing rules and practice, this is ordinarily treated as a bailable offense, and in many instances, courts do not immediately issue a warrant of arrest but instead proceed by way of summons,” Tolentino said.
The lawyer did not hold back on the characterization of the non-bailable designation: “Given this, the issuance of a non-bailable warrant is, with due respect, highly irregular and legally questionable.”
Tolentino said the defense intends to file motions before the Pasay RTC to recall or quash the warrant, and will separately seek clarification on how bail should properly apply to the case. “We will also assert all available remedies to protect our client’s rights and ensure full compliance with due process,” he said.
NBI Director Melvin Matibag, asked to respond to the defense’s position, drew a clear line between his agency’s role and that of the judiciary. “We just enforce the warrant,” he said, adding that bail determinations rest with the court. A separate NBI official noted that warrant issuances are based on recommendations made by the prosecutor.
