Metro Manila (CNN Philippines, November 20) — Online news group Rappler will continue to face trial for cyber libel after a local court denied its motion to dismiss the case.
The Manila Regional Trial Court Branch 46 junked Rappler’s demurrer to evidence, a motion that sought to dismiss charges for lack of evidence.
In a 12-page order signed by presiding Judge Rainelda Estacio-Montesa on November 15 and obtained by the media on Wednesday, the court ruled that there was sufficient evidence to sustain the libel charge, “and that the accused appear to be the perpetrators thereof.”
“It now behooves upon all the accused to adduce evidence to controvert those presented by the prosecution in a full blown trial,” the court order read. The case is again set for trial on December 6.
Businessman Wilfredo Keng sued Rappler for cyber libel over a 2012 online article written by Reynaldo Santos about his supposed ties with then Chief Justice Renato Corona. Santos and Rappler CEO Maria Ressa are co-accused.
Rappler in its motion argued that Santos merely cited an intelligence report on Keng’s alleged involvement in illegal activities, which is privileged communication under the Revised Penal Code. Rappler added that the prosecution failed to prove actual malice in the act.
The court, however, ruled that Rappler’s argument was without merit, adding that the prosecutors “need not prove the presence of malice” if the offended party is a private person.
“The presumption is rebutted if the accused proved that the imputation is true and published with good intention and justifiable motive,” the court said.
The court also rejected Rappler’s argument that there is no proof Ressa and Santos were involved in the alleged republishing of the article, saying Santos wrote it while Ressa is executive editor, hence their participation “cannot be denied.”
The libel suit invoked the Cybercrime Prevention Act of 2012, which was enacted four months after the contested article was published. Ressa was arrested early this year on the basis that the article was updated and published again in February 2014. Ressa is now out on bail. Keng earlier demanded ₱50 million in damages, saying he and his family have been publicly ridiculed and judged because of Rappler’s malicious imputations.
This is just one of the cases Rappler is facing as part of the government’s supposed attempts to silence critical media. Malacañang has repeatedly denied going after Rappler even as it has banned its journalists from covering Palace events and official affairs of President Rodrigo Duterte.
