HOT SPOT By TONYO CRUZ Tonyo Cruz The spate of highly publicized arrests of ordinary citizens, including that of a teacher previously awarded for merit, for posts critical of the President is a cause of concern for everybody. The explanation of the arresting officers was that the arrests were for violations of the Cybercrime Prevention Act of 2012, specifically cyberlibel. But is President Duterte planning to personally file cyberlibel complaints against each of the citizens being hunted down by the apparently overzealous Philippine National Police and the National Bureau of Investigation? Is the President also contemplating to file a cyberlibel case against Linn Silawan, the OFW in Taiwan who the Philippine labor attache sought to have “deported” back to the country? Is he eyeing to personally file a cyberlibel case against UE Dawn editor-in-chief Joshua Molo who was brought to a barangay for allegedly committing cyberlibel against him? Only President Duterte himself can legally file cases for cyberlibel allegedly committed against him. Nobody else, not even any of the President’s most rabid supporters, can file a cyberlibel case on his behalf. Otherwise, the PNP and NBI are not only wasting precious resources and manpower in rounding up citizens critical of the President. Worse, they are using the law to scare citizens from participating in the open debate and discussion of the affairs of the nation. The mere mention of cyberlibel, which carries a penalty of up to eight years jail time, could be enough to terrorize any person from speaking out. The recent spate of highly publicized arrests and announcements that more arrests are coming could be aimed to scare citizens, specifically those critical of the President and his handling of the coronavirus pandemic. In his next address to the nation, the President should instruct the PNP and the NBI to stop any further arrests of citizens for alleged cyberlibel against him, if he has no plans of personally charging them. The spate of arrests gives a basis for going back to the Supreme Court to assail the constitutionality of the cybercrime law’s cyberlibel provision in particular and the country’s libel law in general. Around seven years ago, the court told us we didn’t have any actual case on which to base our arguments against the cybercrime law.  Since 2014, when the court rendered its final decision, there have been many cyberlibel cases filed not so much as to prosecute for defamation, but to silence mostly critics of government. But since going to the Supreme Court would require time and preparation from petitioners, there must be something that citizens could do now to thwart the misuse of laws to silence us from speaking on issues we deem important. A lot of friends have approached me to ask what steps could be taken to protect our rights to free speech and to free expression. There’s no other  answer but to assert those invaluable rights, especially in the face of threats and intimidation. Edre Olalia, president of the National Union of People’s Lawyers, said arrested citizens could file multiple countercharges against their arresting officers. These countersuits include criminal cases for illegal or arbitrary arrest and violation of the rights of the accused, civil cases for damages arising from the violation of rights, and administrative cases before the Ombudsman and other bodies. The countercharges could potentially freeze the careers of the arresting and commanding officers and other impleaded officials, and make others think twice about taking part in more questionable arrests. I myself don’t worry a lot about the possibility of being arrested. Firstly, because there’s no malice whatsoever in holding the President accountable and in actively participating in debates and discussions of the issues that are important to us. Secondly, belonging to organizations and movements  provide us a security blanket against attacks. Thirdly, we speak out precisely because there’s something wrong. The artist known as BLKD said it best: “Walang mali sa paglaban; may mali, kaya lumaban.”