‘UNMERITORIOUS’ | CA junks motion to overturn cyberlibel conviction of Ressa, ex-researcher

October 11, 2022 , 02:15 PM

By Beatrice Puente

(October 11, 2022) – Veteran journalist Maria Ressa and a former researcher of her media company failed to convince a division of the Court of Appeals (CA) to reverse their cyberlibel conviction in connection with an article about a businessman.

In a 16-page ruling, the CA Fourth Division found the motion for reconsideration filed by Ressa, who’s the chief executive of Rappler, and former staff Reynaldo Santos Jr. “unmeritorious” after reviewing the arguments they presented anew.

“A careful and meticulous review of the motion for reconsideration reveals that the matters raised by the accused-appellants had already been exhaustively resolved and discussed in the assailed decision,” read a portion of the ruling penned by CA Associate Justice Roberto Quiroz that was released on Monday.

In July, the CA upheld the decision issued by a regional trial court in Manila last June 2020. It stemmed from an article published by Rappler about Wilfredo Keng’s alleged links with the late former Chief Justice Renato Corona in 2012. Keng’s complaint was based on the updated article in 2014.

“The determination of republication is not hinged on whether the corrections made therein were substantial or not, as what matters is that the very exact libelous article was again published on a later date,” added the ruling.

Ressa and Santos were charged for allegedly violating the Cybercrime Prevention Act of 2012. In the assailed decision, they stand to face jail time ranging from six months and one day to six years, eight months, and 20 days.

Quiroz also maintained that the prescriptive period of cyberlibel is 15 years as cited in the Wilbert Tolentino case in 2018, noting that the unsigned resolution still holds doctrinal value. Aside from Quiroz, Associate Justices Ramon Bato Jr. and Germano Francisco Legaspi concurred with the latest decision.

Ressa, a Nobel Peace Prize awardee, is facing several charges that progressive groups consider a huge blow to press freedom in the Philippines. Rappler was constantly attacked by former President Rodrigo Duterte for publishing critical reports about the government.

Even the Norwegian Nobel Committee expressed concern when the CA upheld the decision convicting Ressa last July.

“The criticism voiced through Rappler is well within the freedom of expression in a democratic society. I am gravely concerned that Maria Ressa is being prosecuted for exercising her rights of expression,” said panel chairperson Berit Reiss-Andersen in a statement in July.

Ressa said she was disappointed but not surprised with the latest decision. For her, the recent development only further highlights “the importance of independent journalism (in) holding power to account.”

Meanwhile, Atty. Ted Te said Ressa and Santos will elevate the case to the Supreme Court.

“The ongoing campaign of harassment and intimidation against me and Rappler continues, and the Philippine legal system is not doing enough to stop it,” said Ressa in a statement. “Despite these sustained attacks from all sides, we continue to focus on what we do best—journalism.”

(PM)

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