Negros journo files raps against court judges, prosecutors over questionable arrests

A Negros-based journalist has filed criminal and administrative complaints before the Office of the Ombudsman against two regional trial court judges (RTC) and two city prosecutors in Negros Occidental, accusing them of violating his constitutional rights in connection with his recent arrests.

In a complaint dated February 20, 2026, Erwin S. Delilan, 54, named the following respondents:

  • Phoebe Gargantiel-Balbin, Presiding Judge, RTC Branch 45, Bacolod City
  • Manilee Mijares-Manahan, Prosecutor, Talisay City
  • Irene Joy T. Teves-Villaser, Presiding Judge, RTC Branch 62, Bago City
  • Ma. Christy Uriarte, OIC-City Prosecutor, Bago City

Delilan, who is a member and former president of the Negros Press Club (NPC), columnist, Rappler correspondent, and station manager of Hapi Radio-Bacolod, accused the respondents of committing gross abuse of authority, ignorance of the law, and neglect of duty.

Two arrests in one month

On January 19, operatives of the Criminal Investigation and Detection Group–Negros Island Region arrested Delilan at his residence in Enrique B. Magalona based on a warrant issued by RTC Branch 45 in Bacolod City.

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Authorities detained him overnight. He later posted P3,000 bail for three counts of unjust vexation.

On February 16, members of the Regional Anti-Cybercrime Unit–Negros Island Region again arrested Delilan at his residence for the same offense. RTC Branch 62 in Bago City issued the second warrant. Delilan posted bail after authorities completed booking procedures.

Delilan said he learned the details of the complaints only after he posted bail.

Rights violation claim

In his complaint, Delilan cited Article III, Section 14(2) of the 1987 Constitution, which guarantees the accused the right to know the nature and cause of the accusation.

He argued that the courts applied summary proceedings but still issued arrest warrants instead of first directing him to file counter-affidavits. He claimed this action denied him due process.

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He also cited Article III, Section 12 of the Constitution and Rule 115 of the Rules of Court, stressing that the law requires courts to inform the accused of specific charges before proceeding.

Delilan said the charges stemmed from his “Binalaybay,” a Hiligaynon poem that he described as satire.

He asserted that the Constitution protects free speech and that courts recognize satire as protected expression.

He also argued that his work falls within public discourse and may relate to rules against Strategic Lawsuits Against Public Participation (SLAPP).

Delilan asked the Office of the Ombudsman to investigate the respondents for:

  • Gross abuse of authority or oppression
  • Ignorance of the law
  • Neglect of duty or misconduct

He cited the Revised Administrative Code of 1987, the Ombudsman Act (RA 6770), and the Code of Conduct and Ethical Standards for Public Officials and Employees (RA 6713) as legal bases for his complaint.*