By MINKA KLAUDIA S. TIANGCO
A Manila Regional Trial Court found Rappler chief Maria Ressa and her co-defendant former researcher Reynaldo Santos Jr. guilty of cyber libel.
Manila RTC Branch 46 Judge Rainelda Estacio Montesa handed out the verdict following an eight-month trial.
Promulgation day was postponed for two months after court operations were temporarily suspended amid the threat of COVID-19.
During the promulgation, only the complainant, the accused, their lawyers, and three members of the media were allowed inside the courtroom in observance of physical distancing guidelines.
The case stemmed from a complaint filed by businessman William Keng about an article written by Santos on May 29, 2012.
In the article titled “CJ using SUVs of controversial businessman,” Santos wrote that then Chief Justice Renato C. Corona was using a 2011 Chevrolet Suburban that was found to be registered to Keng.
Santos wrote in his article that Keng, who reportedly had a “shady past,” was tagged in human trafficking and drug smuggling activities. The businessman was also allegedly involved in the killing of Manila Councilor Chika Go in 2002.
In October 2017, Keng filed a complaint with the National Bureau of Investigation Cybercrime Division, saying that the article published by Rappler aimed to purposely “malign, dishonor, and discredit” his character and reputation.
Ressa and Santos on Feb. 1, 2018 filed counter-affidavits stating that the article was published four months before the enactment of Republic Act 10175 or the Cybercrime Prevention Act of 2012 and that no criminal law is retroactive.
The NBI junked the complaints filed against the two after finding that the one-year prescriptive period for libel had lapsed. It later on recommended to the Department of Justice that Rappler be prosecuted for cyber libel.
The NBI made the move after Keng filed a supplemental affidavit, stating that the prescriptive period for crimes falling under Section 4(c) (4) of the Cybercrime Prevention Act of 2012 is 15 years and not one year.
On Jan. 10, 2019, the DoJ recommended the filing of cyber libel charges against Ressa and Santos.
Ressa was arrested by NBI agents on Feb. 13, 2019, a day after Montesa issued a warrant for her arrest. She was released on Feb. 14, 2019 after posting a P100,000 bail.
The Rappler chief was arraigned for one count of cyber libel at Manila RTC Branch 46 on May 14, 2019. On July 23, 2019, the trial started.
CHILLING EFFECT
Opposition leader Vice President Leni Robredo said the convictions threaten the freedom of all Filipinos.
Robredo expressed concern that it would have a chilling effect not only on the media sector, but also on the citizenry.
“If the law and our government institutions can be brought to bear upon Ms. Ressa, then we should be wary of what this means to the freedoms of ordinary citizens,” she said.
“This is a chilling development. A threat to the freedom of even a single Filipino is a threat to all of our freedoms,” Robredo stressed.
Robredo said the conviction only shows the latest instance of law being utilized to muzzle the free press.
“Silencing, harassing, and weaponizing law against the media sends a clear message to every dissenting voice: Keep quiet or you are next,” Robredo, a lawyer, said.
“As we continue to face the challenges brought by COVID-19, we need the free press not only to ensure that our collective response is based on accurate information, but also to uphold truth-telling and the courage to speak it as vital cornerstones of our democracy,” she added.
Robredo called on both the media and the public to fight for their freedoms because a threat to one is a threat to everyone.
“Despite this outcome, it is incumbent upon the press, and every free Filipino, to hold fast to our courage and not be cowed into silence,” she said. “If anything, this must only firm up our resolve as we work towards a humane, truthful, and law-abiding society,” she pointed out. (Raymund F. Antonio)
SENATORS REACT
Opposition senators rejected the decision.
Detained Sen. Leila de Lima, a staunch critic of the administration, said the move is but “another demonstration of the Duterte government’s weaponization of law against those who dare speak truth to power.”
“Jailing me for over three years now is only one of the thousand sinister ways they are causing fear in the hearts of Filipinos who fight for what is just and right,” said De Lima who is currently detained at the Philippine National Police Custodial Center in Camp Crame, Quezon City over drug charges.
“They will not stop at going after critics and human rights defenders. To them, journalists too must be silenced. But we will not allow it,” she stressed.
Sen. Risa Hontiveros described the ruling as an attack against the free press. “First, they came for the journalists. We don’t know what happened after that. The attacks on the free press and journalists are a danger to our democracy and to us Filipinos,” Hontiveros said.
Sen. Francis “Kiko” Pangilinan said he was not surprised by the decision. “Under the current political atmosphere of repression and authoritarianism, it would have been a surprise if Maria and Reynaldo were acquitted. The silencing of critics and the attacks on the media has been going on for three years now,” Pangilinan said.
Former Sen. Antonio F. Trillanes IV said the guilty verdict against Ressa is an attack against the country’s democracy itself. “More than the obvious attack against the freedom of the press, Maria Ressa’s conviction for cyberlibel is an attack against our democracy itself,” Trillanes said. (Hannah Torregoza)
‘THEY CAN APPEAL’
Sen. Panfilo M. Lacson said Ressa and Santos can appeal the decision.
The chairman of the Senate National Defense and Security Committee said that under the Philippine judicial system, due process does not end with a guilty verdict rendered by an RTC.
“Ms. Maria Ressa and Mr. Santos can always appeal the decision to the appellate court and the Supreme Court if necessary,’’ he said. “This is a guaranteed right of every Filipino under our existing laws,” Lacson, a former Philippine National Police chief, added. (Mario Casayuran)
SOLONS REACT, TOO
The decision is a devastating blow to press freedom in the country, lawmakers said yesterday.
Rep. Edcel Lagman (independent, Albay) and the Makabayan bloc assailed the verdict.
Lagman pointed out that the criminal case filed by Keng already prescribed after the purported libelous article that came out in Rappler in 2012.
The lawmaker noted that since RA 10175 defined cyber libel under the Revised Penal Code that limits filing of cases within one year after the crime was committed, the decision is flawed. The case was filed by in 2017 or five years after the alleged crime was committed.
“The conviction is a tragic commentary on the Judiciary’s succumbing to the repressive campaign of the Executive,” said Lagman.
House Deputy Minority Leader and Bayan Muna Rep. Carlos Isagani Zarate and Rep. Arlene Brosas, both Makabayan bloc members, slammed the decision.
“This decision is another nail on the press freedom coffin and is very dangerous not just for journalists but for everybody who uses social media platforms like Facebook, Instagram, and Twitter. This verdict can be used to haul into court and jail anyone who exposes wrongdoing in government,” said Zarate. (Ben R. Rosario)
