Ressa, Rappler journo seek dismissal of cyber libel case over 'thesis for sale' story
MANILA, Philippines — Rappler CEO Maria Ressa and journalist Rambo Talabong moved for the dismissal of a cyberlibel case against them, which stemmed from piece on alleged payment scheme for students at a Manila college to complete a requirement.
Ressa and Talabong went to the Manila Regional Trial Court Branch 24 on Thursday morning for arraignment, but this was reset to March 11 as the court resolves the Motion to Quash they filed earlier this week.
If the court grants their pleading, this will lead to the dismissal of the case.
The case stems from a complaint filed by Arnel Pineda, a professor of the De La Salle-College of St. Benilde, who allegedly passed thesis students for a fee. Talabong wrote “Thesis for sale: Benilde students say they paid P20,000 to pass” that was published on Jan. 23, 2020.
Ressa did not participate in story
The journalists, through the Free Legal Assistance Group, argued that the Information or charge sheet on the case stated “facts” that do not constitute an offense.
Like Talabong, who wrote the piece, Ressa was charged for alleged violation of Section 4[c](4) of Republic Act 10175 or the Cybercrime Prevention Act of 2012. But FLAG pointed out that in the 2014 case of Disini vs. The Secretary of Justice, the SC held that the charge is limited only to the original author.
The Information cited Ressa as her then-title “Executive Editor,” and FLAG said this “by itself, is insufficient to charge her with any offense.”
They said the prosecutor in the resolution speculated that since Talabong referred the matter to the “editor,” that editor was Ressa.
But FLAG reiterated that Ressa, in her sworn statement, said she did not participate in the story process for Rappler as executive editor, neither did she participate on behalf of College of Saint Benilde, where she sits as Board of Trustees, "because she had inhibited herself."
“The prosecutor’s speculative finding, which is not reflected in the Information fails to controvert such a statement under oath,” the motion read.
Quoted portions in Information are not defamatory
FLAG also said that none of the portions quoted in the Information are defamatory.
"In defamation cases, the supposedly defamatory publication must be read in its totality, considering its context as well as the manner it is written. Read in its totality and within the proper context, the article is not defamatory as it is shown simply a report of a pending disciplinary complaint lodged before the College of Saint Benilde," the motion read.
FLAG said the prosecution, in the charge sheet it filed, chose and quoted specific portions of the article, which became the supposed “facts” of the crime.
But they asserted that the quoted portions are not defamatory and are not maliciously written as they are quotes from the complaint or can be attributed to the sources in the story.
“As demonstrated above, a reading of the nine portions extracted by the prosecutor from the article will show that there is no defamatory content as against Mr. Pineda. If at all, much of the content is exculpatory and favorable to him and incriminatory of the students mentioned,” FLAG added.
With the latest cyber libel case, Ressa faced her tenth warrant of arrest in a span of two years. This is Talabong’s first.
Ressa, along with ex-researcher Reynaldo Santos Jr. were convicted in June 2020 over a story linking businessman Wilfredo Keng to human smuggling and drug trafficking operations. The case is under appeal.
READ: Fresh cybercrime ruling highlights old problem of criminal libel
The Rappler CEO is facing a separate cyber libel charge, also stemming from Keng’s complaint, before a Makati court.
Following the latest suit against Ressa, journalists renewed their call for the decriminalization of libel, arguing that the country’s defamation laws have been used to intimidate members of the press.
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