The June 15 conviction of Rappler executive editor Maria Ressa and former writer- researcher Reynaldo Santos Jr., renewed attention to the law, Republic Act No. Even if the Tolentino resolution was considered a binding precedent, Sta. In 2016, Keng’s lawyers got in touch with Rappler and sent the office a letter dated August 2016 from the Philippine Drug Enforcement Agency (PDEA). The maximum penalty for cyberlibel is prision mayor in its minimum period (or eight years’ imprisonment). Lian Buan covers justice and corruption for Rappler. According to a press release from the Philippine National Police Anti-Cybercrime Group (PNP ACG), a total of 1,211 cybercrime complaints were filed with them from 2013-2015. Eduarte said it is unlikely they will apply for a search warrant, because Rappler is not contesting that it posted the article. “Basahin niyo may precedent na. 2018 pa you f***ing moron (Read it, there is precedent already. Other Offenses. Maria argued that “, Campanilla, on the other hand, declined to discuss the Tolentino resolution directly in the context of, Caloocan City Metropolitan Trial Court Branch 83 Judge Marlo Campanilla, Tolentino ended up being acquitted in a Sept. 27, 2019, decisions interpreting a law only apply prospectively. Though the NBI itself has branded it a cyber libel complaint, the header of the affidavit-complaint actually cites the "ordinary" crime of libel, as punishable by Article 355 of the Revised Penal Code (RPC). “Like ‘Bikoy’, Facebook and YouTube must be held accountable. He does not sit on Rappler Inc's board. MANILA, Philippines — Two journalists in Camarines Norte were imprisoned for six hours on Tuesday after they were arrested over the cyber libel case filed against them by … Photo by KJ Rosales, The Philippine STAR 161032, 16 September 2008.) Acting on the request of Keng's lawyers for clearance, PDEA’s Randy Pedroso of the Intelligence and Investigation Service said in the letter that Keng “has no derogatory record on file at this agency for violation of RA 9165 or the Dangerous Drug Act of 2002 as amended.”. Bautista and Kapunan are liable for 16 counts of the crime of libel, as penalized and defined under Articles 353 and 355 of the Revised Penal Code and Section 4(c)4 of Republic Act (R.A.) No. Under the RPC, as amended by RA 4661, the crime of “libel or other similar offenses” shall prescribe in one year. continuing to use this site means you agree to our use of cookies. Photo by KJ Rosales, The Philippine STAR, Lawyer Manuel Rodriguez II said Cañete’s remarks were “wrong” and the Tolentino resolution was inapplicable in other cases because “, Far Eastern University Institute of Law dean Mel Sta. But a close reading of Keng’s 7-page affidavit-complaint would show that Bitanga is not accused of any involvement apart from being the “chairman/owner/publisher of Rappler” which is not true. Maria Ressa, the founder of award-winning news site Rappler, was charged with her second cyber libel case at the Makati Regional Trial Court, … Online libel is the top cybercrime complaint in 2016, according to the Philippine National Police-Anti-Cybercrime Group The number of cybercrime complaints … It argued that because the Cybercrime Prevention Act of 2012 was silent on the prescription period for cyberlibel, the general rule on special laws should apply. But he argued that the phrase “no significant doctrinal value” under the rules “does not mean that legal finding of the Supreme Court in an unsigned resolution has no doctrinal value at all.”. 3326 applied by prosecutors and the Manila court in the Rappler case, the SC used the RPC itself. It is Bitanga’s son James who sits on the board of Rappler Inc. They were released on bail pending appeal. The court disagreed with the contention of Free Legal Assistance Group regional coordinator Theodore Te, who led Rappler’s defense, that cyber libel is the same crime as ordinary libel. “When can a mere resolution become part of the ‘law of the land?’ Only when the Supreme Court itself referenced to it in an actual decision.”, Rodriguez said this meant that the Tolentino resolution was “binding only between the parties involved and cannot be used as a ‘case law.’ ”. Gesmundo is currently the only member of the division that tackled Tolentino’s case who has not yet retired – and can still participate in a future case where the prescription issue may be raised again. MANILA, Philippines (3rd UPDATE) – Rappler CEO Maria Ressa was arrested early Wednesday evening, February 13, in relation to a cyber libel charge. Academia.edu is a platform for academics to share research papers. Not writs. “It cannot be cited as a source of legal authority by any lawyer to a proceeding or by a lower court judge in his or her official decisions,” Rodriguez stressed. In order to charge Ressa and Santos, the Department of Justice applied the pre-war Act No. Keng argued that he first tried to ask Rappler to take down the article and send a reporter to air his side of the story before he decided to file a case. Cyber libel complaint vs Rappler sparks discussion). She is interested in decisions, pleadings, audits, contracts, and other documents that establish a trail. “In my honest interpretation, the lower courts are still bound to follow the doctrine in an unsigned resolution such as that enunciated in the Tolentino case,” Campanilla said, as he recommended that those taking the Bar examinations should still study it. CEBU CITY, Philippines — Be careful who you gossip about online or you might be arrested like these two women after a cyber libel case was filed by their former classmate against them. Eduarte said the meeting was cordial, and that it showed that both Rappler and Keng have trust in the NBI. The cyber libel complaint stems from an investigative report written by Rappler's former researcher-writer Reynaldo Santos Jr and published in May 2012. It is Bitanga’s son James who sits on the board of Rappler Inc. Former journalist Rigoberto Tiglao, the source of Solicitor General Jose Calida when he asked the Securities and Exchange Commission (SEC) to probe Rappler, had falsely identified Benjamin Bitanga as the owner of Rappler. Ressa, along with Reynaldo Santos who wrote the … We use cookies to help give you the best browsing experience. Keng has denied his involvement in this illegal transaction, saying it's easy to get visas to the Philippines. In justifying the inclusion of Ressa and Bitanga, Keng’s lawyers cited the Supreme Court’s ruling in 2008 against reporter Erwin Tulfo, which found him guilty of libel, as well as the managing editor, national editor, city editor, and president of the publishing house that owned the daily Remate. 10175) punishes the crime of libel committed through the use of the Internet, in this manner: In Bonifacio v. RTC Makati City, the SC said if it allows cyber libel to be filed where the article is first accessed, the author of the defamatory article may be sued anywhere in the Philippines. This is called an “afflictive” penalty under Article 25 of the RPC. He complained that Rappler did not publish his side or take down the article. However, the copy of the complaint provided to Rappler is dated December 19, 2017. In the report, he was also identified as bearing the alias "Willy," using a surname also spelled as "Kheng.". Basic Philippine law on libel - Cebu Citizens-Press Council Tolentino’s appeal eventually reached the SC, where he argued that the prescription period was only one year. The report stated that Keng had been under surveillance by the National Security Council for alleged involvement in illegal activities, namely "human trafficking and drug smuggling." (READ: “The article written was committed by means of publication in the online platform and website of Rappler, which is open and available for public consumption since the date it was posted, which was on May 29 2012 and updated on February 19 2014,” the complaint said. Hong Kong (CNN Business) Embattled Philippines journalist Maria Ressa was found guilty of "cyber libel" Monday, in a case she and press freedom groups have described as a … The Supreme Court already has a ruling on the prescription period on cyber libel. View this article in your (Note: Philippine laws do not recognize group libel). 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