BLAME herself.
This, in a nutshell, was Presidential spokesman Harry Roque’s assessment of the court procedure that ended in the conviction of Rappler chief executive officer Maria Ressa for cyber libel for a 2012 article that linked a businessman to alleged illegal activities.
Roque yesterday said he had read and reviewed the 37-page decision of Manila RTC Branch 46 Judge Rainelda Estacio-Montesa that rendered a guilty verdict for cyber libel against Ressa and former Rappler researcher Reynaldo Santos Jr.
Claiming to be a “seasoned libel defense lawyer,” Roque said Ressa lost the case because she supposedly failed to present evidence to defend herself or counter the allegations of cyber libel that was filed against her.
Roque said it was important for anyone accused of libel to prove that there was no malice involved in the writing of the news article and that the facts presented in their article were accurate and backed by solid proof.
“I was surprised that there was also no defense evidence offered to prove the absence of malice. They only presented two witnesses and there was really no witness that took the stand to say that they went out of their way to verify their facts. They accused a private individual of being a criminal and they should have at least gotten public records to indicate that he was in fact a criminal. So I think on the basis of merit, then there was, as a seasoned libel defense lawyer myself, there should have really been evidence to prove the absence of malice,” he said.
Roque said it even appeared that Ressa and Santos were hoping to get a conviction instead of an acquittal.
“Eh paano namang hindi mako-convict si Maria Ressa, hindi naman sila nag-introduce ng evidence na wala silang malice. Mayroon tayong malice in law presumption na iyong malicious imputation is in fact malicious at kinakailangan in-overcome iyan ni Teddy Te. Eh hindi naman ginawa ni Teddy Te iyon, ni walang kahit anong ebidensya. Eh paano siya ma-a-absuwelto? Para ngang gusto niyang ma-convict. Well, ayan po, na-convict nga (How can Maria Ressa win the case when no evidence was introduced to prove that there was no malice… There is a malice in law presumption where malicious imputation is in fact malicious and it should have been overcome by Teddy Te. But Teddy Te did not do it, there was no evidence. So how can she be absolved? It seems that she actually wanted to be convicted, not acquitted. So there you go, she was convicted),” Roque added.
Roque suggested that for Ressa and Santos to avoid imprisonment, they should decide against appealing the verdict.
He said that if the Ressa’s defense team files an appeal and loses it, Ressa and Santos would have to serve the jail sentence.
“Although ‘yung kanyang sentensya po ay puwedeng walang kulong, e hindi po niya ma-a-avail ang probation kapag siya po ay nag-apela at kapag siya po ay nag-apela at hindi nagbago ang desisyon ng korte, kalaboso po (Although the decision gives them a chance to skip imprisonment, they will forfeit this if they file an appeal. But if they appeal and the decision of the court does not change, they will have to go to jail),” he said.
FREEDOM OF EXPRESSION
The Integrated Bar of the Philippines (IBP) said the guilty verdict on the cyber libel case against Ressa and Santos should not weaken the Filipinos’ freedom of expression.
“The decision of the trial court should not deter the media or any citizen from seeking the truth nor diminish our freedom of expression or any of our constitutional rights,” IBP National President Domingo Egon Cayosa said in a statement.
Cayosa said, though, that the Manila court’s decision should serve as a reminder to everyone to exercise their rights responsibly and with due regard to others.
“As the verdict is not final, we urge everyone to stick to the facts, refrain from labeling and support a timely resolution of the remaining issues.As they say justice bilis not justice tiis,” he added.
Cayosa said that if and when the Ressa camp files an appeal, the court should likewise settle the issues on the prescription period for the filing of cases and republication, as well as administrative circulars issued by the Supreme Court on libel cases. These, he said, can be addressed by the Court of Appeals.
The 2017 case slapped by businessman Wilfredo Keng against Ressa, Santos and Rappler were first published on May 2012, a few months before the cybercrime law was signed into law by former president Simeon Benigno Aquino on September 2012.
The Revised Penal Code proscribes that libel cases can only be filed within one year of commission of the supposed crime.
Cayosa said the issue should be clarified by the Manila court.
SLOPE OF AUTHORITARIAN RULE
Catholic Bishops Conference of the Philippines (CBCP) Commission on Laity Chair Bishop Broderick Pabillo sounded the alarm over the series of events that has put the country on the “slope of authoritarian rule.”
Pabillo said the conviction of Ressa and Santos has heightened his worries over the direction the country is heading as it appears aimed only at further entrenching the ruling power.
“These developments are very disconcerting, to say the least. We are being pushed to the slope of authoritarian rule — all using the semblance of law, which is not meant to serve the common good, but to entrench the ruling power,” said Pabillo.
“Any voice of protest is being shut up. Independent thought is being muffled. And fear is being instilled in many,” he added.
Aside from the decision of the Manila Regional Trial Court, the prelate also pointed at the successive shut down of ABS-CBN last May 4 and the immediate passing of the Anti-Terror Bill as aiding the push towards the “slope.”
“Seen in the Philippine context in the last few months, this is scary. It is a slide to the dangerous slop of authoritarian rule,” said Pabillo.
In the case of Ressa and Santos, the Manila bishop said it is dubious how the government used mere “technicalities” on the prescription period of the Cybercrime Law in pushing the complaint of Keng.
“This is outright persecution to bring down the institution because of its critical stance against the policies of this government,” said Pabillo.
With the case of ABS-CBN, he pointed at the ongoing investigations as clearly showing that loopholes are being sought to deny the franchise renewal.
“At the time that people need information and encouragement because of the pandemic, a dominant voice of the media is threatened to be shut down,” said Pabillo.
As for the anti-terror bill, he said it is unacceptable that lawmakers opted to pass the measure without the appropriate discussions and consultations.
“When this bill becomes a law, the government can easily put critics to jail as it now easily tags them to be reds or terrorists,” said Pabillo. — With Ashzel Hachero and Gerard Naval