The arrest of social media personality Franco Mabanta has nothing to do either with the freedom of the press or the freedom of expression, but more of using those freedoms to illegally gain money, a top official of the National Bureau of Investigation (NBI) said on Wednesday, May 6.

In the case of Mabanta and four others who were collared in an entrapment on Tuesday night, NBI director Melvin Matibag said it was due the extortion complaint of former House speaker Martin Romualdez.

“They may say that we are interfering with freedom of expression. We don’t investigate opinions, the mandate of the NBI is to run after criminal activities,” said Matibag.

“The use of social media to make financial gain illegally by extortion, we go after that,” he stressed.

Matibag said it all started when the camp of Mabanta allegedly demanded a huge amount of money in exchange for non-airing of a supposed documentary that would pin down Romualdez on flood control controversy.

And by huge amnount, it was P300 million and the platform being used in the alleged extortion attempt is the Peanut Gallery Media Network which was allegedly founded by Mabanta.

In exchange for withholding the publication of the alleged exposé, Mabanta allegedly demanded P300 million payable in four tranches of P75 million each. 

A portion of the purported video material was allegedly sent to lend credence to the threat.

The extortion activity allegedly started last year but was aggressively pursued by the arrested suspects a few ago.

This resulted in the mapping out of entrapment operation that led to the arrest of Mabanta and his four alleged cohorts after receiving the marked money in Pasig City.

Aside from Mabanta, those arrested were Ericson James D. Pacaba, John Alexander Vasquez Vasquez Gomez, Jardine Christian Requio Serrano, and Franco Jose Gallardo.

Based on the NBI report, Mabanta met with undercover agents posing as representatives of the complainant at The Manila Peninsula Hotel in Makati City. 

During the meeting, Mabanta allegedly reiterated his demand and instructed the agents to deliver the money at Valle Verde Country Club in Pasig City to a certain “Jimmy,” later identified as Jardine Christian Serrano.

Upon delivery of the entrapment money, Serrano and Franco Jose Gallardo allegedly received the cash and brought it to a function room inside the club, where Mabanta and two other individuals — Ericson James D. Pacaba and John Alexander Vasquez Gomez — were waiting.

According to Matibag, the P75 million marked money was delivered in three suitcases and the arrest was announced as soon as they were accepted by the suspects.

“The transaction was consummated,” said Matibag, as he explained that the agents are aware of the legal procedures on entrapment operations.

The NBI agents also seized the mobile phones of the arrested suspects.

Matibag said they are currently conducting an investigation to determine if there are other people involved in the alleged extortion activity.

“There is still an ongoing investigation. Let’s see if the collection goes beyond the arrested individuals,” said Matibag.

But so far, he said there is no proof yet of connivance with other people higher than the arrested suspects.

Asked why the group of Mabanta preferred cash delivery, Matibag explained that doing it online or bank transaction is itself a digital footprint that can be used as evidence.

He added that such a huge amount may also alarm the Anti-Money Laundering Council and could trigger investigation.

This is the most logical reason, according to Matibag, why the arrested suspects opted for the old school way of extortion payment.

Matibag also disclosed that they are now conducting an investigation to determine if there are other politicians or personalities who were victimized by the arrested suspects.

All the arrested suspects are facing a case of robbery/extortion under the Revised Penal Code (RPC) in relation to Republic Act (RA) No. 10175 or the Cybercrime Prevention Act of 2012.