Because a lot of people have been asking, I have consolidated the answer to:

IF YOU RECEIVE A SUBPOENA FROM THE NBI, WHAT DOES THIS MEAN AND WHAT DO YOU DO?

This means that you are “invited” to the NBI for an investigation of a particular incident on a certain date

-A thread-

If you got served in person, get the agent’s name and ask for his ID, and take a picture of his ID if he’s okay with it. It would be better if you have family or friends who can be with you during this time. Also, courteously inform the officer that you cannot answers without

your lawyer.

DOES THIS MEAN YOU ARE, OR YOU CAN BE ARRESTED?

DEFINITELY NO, it’s just an invitation. In the off chance that the officer insists on arresting you, ask for a warrant of arrest. If he cannot produce one but still insists, do not resist, but contact a lawyer right

away, and again, call your family and close friends, because this is illegal arrest.

NOW YOU HAVE THE SUBPOENA IN HAND, WHAT DO YOU DO?

First, call a lawyer, preferably someone you know, and explain the situation to him.

Next, read the subpoena. Search for the specific

allegation, or what particular post/material is the subject of the subpoena. If you can’t find any, demand, in writing (addressed to the address/contact details in the subpoena, get a receiving copy for documentation purposes) for you to be informed of the basis of the complaint.

You can also send the same letter through e-mail (again, addressed to the e-mail address provided in the subpoena). This is important: ask for the assistance of your lawyer in drafting this. This is because basic due process requires that you be appraised of the subject of the

subpoena. You have this right.

IF YOU DO NOT HEAR FROM THE NBI BEFORE THE “INVITATION DATE”, ARE YOU REQUIRED TO GO TO THE NBI AND ATTEND THE PROCEEDINGS?

The simple answer is NO. Under RA No. 157, the NBI may issue subpoenas, but it does not have contempt powers, or to

penalize a person for non-appearance.

SO WHAT IS THE PURPOSE OF THE NBI PROCEEDINGS?

It’s just an initial investigation, to determine whether it is proper to endorse the case to the proper authorities later on for appropriate action (the proper authorities being the prosecuting

office/fiscal).

If you will attend the proceedings, make sure you are assisted by a lawyer, or better yet, let your lawyer attend the proceedings only.

IN CLOSING, SOME IMPORTANT TIPS TO REMEMBER:

1. Liking, commenting, and sharing posts are not considered cyberlibel

(Number 1 is based on Disini case, Feb 2014)

2. “A public officer should not be too onion-skinned and should be tolerant of criticism. The doctrine, nevertheless would only apply if the defamatory statement was uttered in connection with the public officer’s duty.”

(Number 2 is based on De Leon case, January 2016)

3. Finally, we are just in a pandemic, but our freedoms of expression and free speech have not been suspended.

[END]

[Edit] For legal assistance, you may also refer to this tweet:

https://twitter.com/markytagala/status/1279357238558076928?s=21 https://twitter.com/markytagala/status/1279357238558076928