CAGAYAN DE ORO CITY (MindaNews/04 May) — Members of the local news crew of GMA Network vowed to pursue their complaint for grave threats against a barangay councilman despite its dismissal last month by the city prosecutor.
In a three-page resolution dated 2 April 2012, Prosecutor Julieta Buhat-Piloton stated, “…there is no showing that the alleged utterances of Yañez (were) serious in nature so as to cause fear of imminent to the life and limb of Luczon.”
“The latter himself revealed that Yañez was not in possession of a burak of any other weapon at the time of the incident and that he even had the occasion of having a heated argument with Yañez and still continued to verbally express his distaste on said respondent’s behavior while walking away to avoid more trouble…,” the resolution added.
Last February 1, GMA 12-Cagayan de Oro field reporter and “Ang Isyu Karon” anchor Nef Abdul Malik Luczon, together with camera crew Michael Tolang and Michael Cabulay alleged that councilman Ray Obsioma Yañez of barangay Tuburan threatened and harassed them when they sought comments from residents and barangay officials on what they suspected to be a floating quarry.
The GMA 12 crew was invited to Tuburan by the clan of Higaonon Datu (chieftain) Limbobongan to film an episode for their weekly program on the destruction that Sendong wrought in the barangay. While filming along the river, the TV crew saw what appeared to be a floating quarry, and sought out the barangay officials to learn more on what they “accidentally” discovered.
On Thursday evening, Luczon posted on his Facebook page that they are still waiting for “feedback” from their legal department because although the decision is dated 2 April, they received their copy only recently.
“Alarming siya (It is alarming). It could be a precedent to future coverage/reportage. (It is) like saying, anybody can bully journalists when (they are) being too nosy on controversial (issues),” his post said.
In his sworn affidavit, Luczon said they were about to start their interview with Loresa Gaupan whom they thought was the village chair, when a visibly irate Yañez started shouting invectives at the TV crew.
Cinematographer Tolang was able to film the entire incident. The complainants submitted a compact disk copy of the footage as evidence for the case they filed at the City Prosecutor’s Office on February 10.
“There is nothing in the video coverage submitted by complainant that will show that the latter was in fear or in a state of danger at the time of the incident. Under these circumstances, the undersigned, therefore, holds that there is no sufficient ground to warrant the filing of Information for Grave Threats against Yañez,” the decision reads in part.
Peldo Villaverde, one of the Higaonons who witnessed the incident, filed a sworn statement stating in part: “I personally heard Yañez say to Luczon and his crew, ‘Panghawa mo diha! Laparohon ta hinuon mo og burak’ (Leave or I will slap you with a machete).”
However, Buhat-Piloton said in the decision: “…the incident occurred in a public place and in the presence of other persons hence ordinary human experience dictates that no one would dare commit a crime such as slapping someone with a burak at the risk of being readily implicated because of the presence of possible witnesses.”
In a statement, the local chapter of the National Union of Journalists of the Philippines said “we are appalled and we condemn the City Prosecutor’s Office’s dismissal of the grave threats complaint filed by GMA (12-Cagayan de Oro) against Barangay Councilman Roy Obsioma Yañez.”
“We deplore the fact that our struggle to put an end to impunity, in all forms has been cut-short even at the fiscal’s level,” the statement said, adding the fiscal need only establish “probable cause.”
Also in the statement, NUJP said it will bring the matter to Department of Justice Secretary Leila De Lima to order the Regional State Prosecutor’s Office to review the decision of the City Prosecutor’s Office. (Cong Corrales/MindaNews)