What Went Before: Maria Ressa cyberlibel case

Rappler CEO and executive editor Maria Ressa was arrested on Feb. 13 last year at the news agency’s headquarters over a cyberlibel case filed against her and former Rappler researcher Reynaldo Santos Jr., a day after a warrant was issued by Judge Rainelda Estacio-Montesa of Manila Regional Trial Court Branch 46.

Ressa spent the night at the office of the National Bureau of Investigation (NBI) after the Pasay City night court refused to accept bail.

The case stemmed from Santos’ story in May, 2012, titled “CJ using SUVs of controversial businessman.” Besides linking impeached Chief Justice Renato Corona to businessman Wilfredo Keng, the story also cited an intelligence report claiming that Keng was under government surveillance for alleged involvement in human trafficking and drug smuggling.

Keng denied the story and asked Rappler to take down the article. But in 2014, Rappler updated the story, which remains accessible on its website.

In his complaint filed with the NBI three years later, Keng said the article “contained malicious imputations of crimes, with bad intentions, purposely to malign, dishonor and discredit my character and good reputation.”

Ressa argued that she was charged retroactively for a story that was published before the Cybercrime Prevention Act took effect on Oct. 3, 2012, or about five months before.

Her lawyer, Theodore Te, filed a motion to quash the complaint on Feb. 26, 2019, but Judge Montesa junked it on April 12, ruling that online publishers could be sued within 12 years of the publication of an allegedly libelous report.

On Nov. 15, Montesa dismissed for lack of merit Rappler’s motion to quash based on insufficient evidence.
Ressa and Rappler Holdings Corp. also face charges of tax evasion, libel and violations of the Anti-Dummy Law and the Securities Code.

—Inquirer Research