The trial court found that it was not enough that Tolentino used offensive language against Pua. Cagayan de Oro City 2nd District Rep. Rufus Rodriguez sought to “put to rest the issue of prescription of the crime of cyberlibel” by filing House Bill No. There is another way to break the impasse – through Congress. 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. This is the theory of continuous publication, which is what Eduarte cited in saying that Rappler could still be liable for cyber libel despite a non-retroactive law. Maria Ressa, the founder of award-winning news site Rappler, was charged with her second cyber libel case at the Makati Regional Trial Court, several media reported today. 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. Owner of Misibis Bay Resort, Zaldy Co, has filed cyber libel charges against self-confessed “Bikoy” Peter Joemel Advincula, Facebook PH, and YouTube. Having problems seeing the article? In order to charge Ressa and Santos, the Department of Justice applied the pre-war Act No. 10175) punishes the crime of libel committed through the use of the Internet, in this manner: Since all criminal laws are not retroactive, Keng’s lawyers justified their invoking the Cybercrime Law: “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. He complained that Rappler did not publish his side or take down the article. 10175, the constitutionality of which was partially upheld by the SC in its Feb. 18, 2014 en banc decision on Disini versus Secretary of Justice. 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. 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). Specified in Keng’s 7-page affidavit-complaint are the following paragraphs from the story: At the time we were tracing the registered owner of the Chevrolet in early 2011, we got hold of an intelligence report that detailed Keng's past. The case concerned Wilbert Tolentino’s Facebook posts on April 29, 2015, which accused ERP Wellness Enterprises owner Eva Rose Pua of selling bogus products and shortchanging him by giving fewer tablets than he ordered. This is equivalent to imprisonment of four years, two months and one day up to a maximum of eight years. Download Document in Microsoft Word Format The Supreme Court already has a ruling on the prescription period on cyber libel. MANILA, Philippines (3rd UPDATE) – Rappler CEO Maria Ressa was arrested early Wednesday evening, February 13, in relation to a cyber libel charge. 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." (4) Libel. He noted that not even the state prosecutors or Judge Montesa used the Tolentino resolution to justify entertaining Keng’s complaint. Not writs. Wilfredo Keng's complaint vs Rappler by Lian Nami Buan on Scribd – Rappler.com. In the case of SUSANA B. CABAHUG vs. PEOPLE OF THE PHILIPPINES, SANDIGANBAYAN, 3 rd Division, and OFFICE OF THE SPECIAL PROSECUTOR, G.R. The maximum penalty for cyberlibel is prision mayor in its minimum period (or eight years’ imprisonment). A search of available records showed that this was the only time that the SC discussed the issue thus far. “The article was published by Rappler, without observing the ethical standards of journalism. “Like ‘Bikoy’, Facebook and YouTube must be held accountable. 3326 provides for a 12-year prescription period for offenses under special laws that are punishable by more than six years’ imprisonment. (Note: Philippine laws do not recognize group libel). He does not sit on Rappler Inc's board. Campanilla, an author of criminal law review books, cited the SC First Division’s Aug. 6, 2018 unsigned resolution on the case of Tolentino versus People. The top five complaints received were online scams (366), online libel (240), online threats (129), identity theft (127), and photo and video voyeurism (89). of Dolphin Fire, which is a shareholder in Rappler Holdings Corporation, the parent company of Rappler Inc. 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. … He does not sit on Rappler Inc's board. to the late former chief justice Renato Corona, raising questions on ethics and propriety. Instead of Act No. Veteran broadcast journalist and Rappler executive editor Maria Ressa at the Manila regional trial court on June 15, 2020 for the promulgation of the decision on the cyber libel case filed against her by businessman Wilfredo Keng. 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. Other Offenses. Lian Buan covers justice and corruption for Rappler. MANILA, Philippines – Businessman Wilfredo Keng filed a cyber libel complaint against Rappler for a report that linked him to illegal activities including human trafficking and drug smuggling. Prosecutors applied this for cyber libel, which is punishable by prision correccional in its maximum period to prision mayor in its minimum period. We use cookies to help give you the best browsing experience. When this was pointed out in a press conference on January 19, Eduarte said “there is allegation in (Bitanga’s) interest also, a probability of his involvement in this case before us.”. The complaint was filed under a controversial cyber libel law that was enacted in September 2012 -- months after the article was published. Journalist Maria Ressa found guilty of "cyber libel" by Philippines court. But the SC used a different basis. But unlike Ressa and Santos, Tolentino ended up being acquitted in a Sept. 27, 2019 decision, according to defense lawyer Berteni Causing. Section 5. Does it matter then that the SC’s pronouncement of a 15-year prescription period was made in an unsigned resolution? Maria Ressa, the founder of award-winning news site Rappler, was charged with her second cyber libel case at the Makati Regional Trial Court, … 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, Wilfredo Keng's complaint vs Rappler by Lian Nami Buan on Scribd –, Rappler libel complaint dangerous for media, bloggers – cyber lawyer, What's the right to be forgotten? It could be referring to the death of Manila Councilor Chika Go in 2002 where Keng had been identified as a mastermind. MANILA, Philippines – Businessman Wilfredo Keng filed a cyber libel complaint against Rappler for a report that linked him to illegal activities including human … The judge considered cyber libel to be “an offense separate and distinct” from ordinary libel under the Revised Penal Code (RPC). (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. Caloocan City prosecutor Darwin Cañete – known for his June 12, 2017 Facebook post that compared the “yellows” or the political opposition and its supporters to “cockroaches” and said “you kill them” – lashed out at the “apologists relying on technicalities to put Ressa off the hook” and claimed the Tolentino resolution was a “precedent.”. The Supreme Court has tackled the relatively new Cybercrime Prevention Act of 2012 in only a handful of cases, and lawyers have differing views on a 2018 resolution declaring a 15-year prescriptive period for libel. phone’s browser. 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.”. 7010, which would specify a one-year period. The report is about Keng supposedly lending his SUV to the late former chief justice Renato Corona, raising questions on ethics and propriety. May ruling na Supreme Court sa prescription period on cyber libel. Act No. Academia.edu is a platform for academics to share research papers. NBI Cybercrime Chief Manuel Eduarte said that this correspondence was tackled during the meeting at his office on Monday, January 22, between the camps of Keng and Rappler. 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 … Download Document in Adobe PDF Format . “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. 3326 to extend the prescription period to 12 years. According to a 2002 Philippine Star report, Keng was also accused of smuggling fake cigarettes and granting special investors residence visas to Chinese nationals for a fee. (READ: Rappler libel complaint dangerous for media, bloggers – cyber lawyer). The cyber libel complaint stems from an investigative report written by Rappler's former researcher-writer Reynaldo Santos Jr and published in May 2012. But the Corona issue is not what Keng is complaining about, but the portion of the story that quoted an intelligence report that details Keng’s past. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future. 10175, or the Cybercrime Prevention Act of 2012, Divina said in his complaint … continuing to use this site means you agree to our use of cookies. Maria, host of, Even if the Tolentino resolution was considered a binding precedent, Sta. Metro Manila (CNN Philippines, July 28) — Misibis Bay Resort owner Elizaldy "Zaldy" Co said Sunday he will file a motion for reconsideration after his cyber libel complaints … Online libel is the top cybercrime complaint in 2016, according to the Philippine National Police-Anti-Cybercrime Group The number of cybercrime complaints … Rappler's counsel files a counter-affidavit for the cyber libel complaint against Rappler's Maria Ressa and Reynaldo Santos at the NBI cybercrime office on February 1, 2018. They were released on bail pending appeal. Keng filed the complaint before the National Bureau of Investigation in October 2017, several years after the publication and correction of the article. In the first cyber libel case, based on the complaint filed by Keng, a Manila regional court had found Ressa and co-defendant Reynaldo Santos Jr., a former Rappler researcher, guilty and sentenced them to a minimum of six months and one day to a maximum of six years in prison. The recently enacted Cybercrime Prevention Act of 2012 (Republic Act No. Te’s argument was hinged on the SC’s pronouncement in its Disini decision that cybercrime is “not a new crime but is one already punished” under the RPC. Rappler's lawyer Jose Jesus "JJ" Disini said libel under the RPC has a prescriptive period of one year, which has lapsed. The unsigned resolution was signed by First Division Clerk of Court Librada Buena, not any of the five justices who composed the First Division at the time – Associate Justices Teresita Leonardo-de Castro (who later became chief justice), Mariano del Castillo, Francis Jardeleza, Noel Tijam and Alexander Gesmundo. Maria, host of One PH public affairs show Relasyon, agreed with Rodriguez’s opinion. 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. Go was also the architect of Keng's Reina Regente condominium residence in Binondo, Manila. The complaint was filed against Ressa as CEO and "Editor-in-Chief", Santos as the author of the report (though he was identified in the complaint as "columnist"), and Benjamin Bitanga as “Chairman/Owner/Publisher” of Rappler Inc. Bitanga is neither of those. 2018 pa you f***ing moron (Read it, there is precedent already. By In 2018, it held that the time limit for an offended person to file a cyberlibel case is 15 years – but it did so in an “unsigned resolution” that may not be a binding precedent and part of case law. Campanilla, on the other hand, declined to discuss the Tolentino resolution directly in the context of Rappler’s case. The SC’s resolution allowed the case against Tolentino to proceed to trial. The SC, in this resolution, did not mention if it was treating cyber libel as a different crime from ordinary libel. 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. No. He is supposedly close to lawmakers and had contacts with the US embassy at the time. It is Bitanga’s son James who sits on the board of Rappler Inc. By applying a 12-year period, Keng would still have until the mid-2020s to file his complaint in relation to an article published in 2012 or “re-published” through the update in 2014. The document also said Keng was involved in a murder case for which he was "never jailed." Santos’ report was published in May 2012, or 4 months before former president Benigno “Noynoy” Aquino passed the Cybercrime Act into law September that year. 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. Photo by KJ Rosales, The Philippine STAR Eduarte said it is "normal" that a complaint is not given to the camp of the defense, seeing that it’s not yet a criminal proceeding. If the defamation is directed against a group or class and the statement is so sweeping or all-embracing as to apply to every member of that group or class, then any member can file an action for libel in his own name, not in the name of the group/class. But the First Division affirmed the Quezon City RTC’s order. Maria argued that “decisions interpreting a law only apply prospectively.” This could not be done in the Rappler case because the article was published in 2012 and updated in 2014, long before the resolution was issued in 2018. 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). Caloocan City Metropolitan Trial Court Branch 83 Judge Marlo Campanilla, however, pointed out that the SC had the opportunity in 2018 to discuss how long an offended person can wait before filing a complaint regarding an online post. (Tap the upper right corner and select, Veteran broadcast journalist and Rappler executive editor Maria Ressa at the Manila regional trial court on June 15, 2020 for the promulgation of the decision on the cyber libel case filed against her by businessman Wilfredo Keng. — The following acts shall also constitute an offense: Prepared in 2002, it described Keng as a "naturalized Filipino citizen" whose exact birthdate is unknown. Santos’ report in May 2012, however, included Keng’s side taken from a phone interview with the businessman. Following Article 90 of the RPC, the prescription period for crimes punishable by afflictive penalties is 15 years – although, again, the very same section provides for a one-year period for libel. However, the copy of the complaint provided to Rappler is dated December 19, 2017. 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. She is interested in decisions, pleadings, audits, contracts, and other documents that establish a trail. The Supreme Court has mentioned the relatively new Cybercrime Prevention Act of 2012 in only a handful of cases. “Basahin niyo may precedent na. Basic Philippine law on libel - Cebu Citizens-Press Council Eduarte said it is unlikely they will apply for a search warrant, because Rappler is not contesting that it posted the article. Keng has denied his involvement in this illegal transaction, saying it's easy to get visas to the Philippines. 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.”. People of the Philippines and Atty. 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. Cyber libel complaint vs Rappler sparks discussion. 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. It contained malicious imputations of crimes, with bad intentions, purposely to malign, dishonor and discredit my character and good reputation,” the complaint said. Lawyer Manuel Rodriguez II said Cañete’s remarks were “wrong” and the Tolentino resolution was inapplicable in other cases because “it is not a ‘decision.’ ”, He pointed out that Rule 13 of the Internal Rules of the SC provides that unsigned resolutions are “essentially meaningful only to the parties” and have “no significant doctrinal value.” Thus, they are of “minimal interest to the law profession, the academe or the public.”, Meanwhile, Article 8 of the Civil Code states that “judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines.”, “It said decisions… judicial decisions. The private complainant can just allege that he accessed the … Pua claimed to have found out about the posts only in April 2017, or two years after the posts were made. MANILA, Philippines — Two journalists in Camarines Norte were jailed for six hours on Tuesday over a cyber libel case filed against them by Camarines Norte Gov. Even if the Tolentino resolution was considered a binding precedent, Sta. “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. Eduarte said the meeting was cordial, and that it showed that both Rappler and Keng have trust in the NBI. 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 … Not resolutions,” Rodriguez said. One of the biggest sticking issues in Rappler’s case is prescription, or the time limit for the filing of a complaint counted from the discovery of the crime. “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.’ ”. It did not even include the Disini case among its citations. Under the RPC, as amended by RA 4661, the crime of “libel or other similar offenses” shall prescribe in one year. Metro Manila (CNN Philippines, October 27) — Online scams and libel cases top the cybercrime list of the Philippine National Police (PNP) from … She filed a cyber libel case and the Quezon City RTC Branch 90, in a March 19, 2018 order, denied Tolentino’s motion to quash the case. (READ: What's the right to be forgotten? Freedom of Speech abnd Punishment for Cyber Libel. 161032, 16 September 2008.) Rappler CEO Maria Ressa attended the meeting, in compliance with the NBI’s subpoena. 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. This is called an “afflictive” penalty under Article 25 of the RPC. The cyber libel case against Ressa and her publication stems from a 2017 complaint by a businessman over a Rappler story published in 2012, before the cybercrime law existed. Tolentino’s appeal eventually reached the SC, where he argued that the prescription period was only one year. If you have leads, email lian.buan@rappler.com or tweet @lianbuan. The SC said that because the Cybercrime Prevention Act did not explicitly provide for the prescription period, it should be based on the penalty. Embattled Philippine journalist Maria Ressa is facing a new cyber-libel complaint over a 2019 tweet of a newspaper story claiming that a Filipino businessman was … Carlos T. So, G.R. 4(c)(4) of R.A. 10175 (Cyberlibel) can result, not only in the filing of a criminal complaint, but also a civil complaint … View this article in your A copy of the complaint was provided to Rappler only during the meeting on Monday. In the report, he was also identified as bearing the alias "Willy," using a surname also spelled as "Kheng.". 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. Manila Regional Trial Court (RTC) Branch 46 Judge Rainelda Estacio-Montesa upheld the prosecution’s position. Far Eastern University Institute of Law dean Mel Sta. As early as 2018, you f***ing moron),” Cañete said. Metro Manila (CNN Philippines, December 3) — Rappler CEO Maria Ressa has been charged for the second time with cyber libel over her Twitter post where she shared a … 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. A violation of R.A. 10175, particularly Sec. No. (READ: This is the theory of continuous publication, which is what Eduarte cited in saying that Rappler, Though the NBI itself has branded it a cyber libel complaint, the header of the affidavit-complaint actually cites, Bitanga is neither of those. But he is an incorporator of Dolphin Fire, which is a shareholder in Rappler Holdings Corporation, the parent company of Rappler Inc. But he is an incorporator. Read: Despite Maria Ressa’s conviction, Malacañang insists Duterte supports press freedom The case concerned Rappler’s May 29, 2012 article that cited a purported intelligence report “prepared in 2002” that supposedly talked about businessman Wilfredo Keng’s “alleged involvement in illegal activities, namely ‘human trafficking and drug smuggling.’”, On Feb. 19, 2014, the article was edited to correct one misspelling – the phrase “tax evation” in the 28th paragraph was changed to “tax evasion.”. Not orders. (In general, the penalties for cybercrimes, including cyber libel, are higher by one degree than that for similar crimes when they are not committed through electronic means.). Ressa, along with Reynaldo Santos who wrote the … 3326 applied by prosecutors and the Manila court in the Rappler case, the SC used the RPC itself. Cyber libel complaint vs Rappler sparks discussion). 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