OSG urges SC to void Comelec, Rappler MOA

MANILA, Philippines — The Office of the Solicitor General (OSG) yesterday filed a petition before the Supreme Court (SC) questioning the memorandum of agreement (MOA) that the Commission on Elections (Comelec) entered into with news website Rappler.

The OSG urged the high court to declare the MOA void and issue a temporary restraining order for supposed violation of the Constitution.

Solicitor General Jose Calida said the fact-check deal between the Comelec and Rappler should be stopped ahead of the May 9 elections.

“Every Filipino deserves and aspires for a free, orderly, honest, peaceful and credible elections. But these goals could not be attained if the SC would not stop this partnership between the Comelec and Rappler,” Calida said in a statement.

“Rappler cannot act as king, priest and noble – all at the same time – forcibly feeding the Filipinos what information it thinks is fact,” he added.

The OSG said the agreement violates the constitutional and statutory prohibition against foreign interference in the country’s elections.

Among the reasons the OSG cited is Rappler’s status as a “foreign non-registered entity” after the Securities and Exchange Commission (SEC) has revoked its registration.

“It is beyond belief that the Comelec has allowed a foreign non-registered entity to interfere in the conduct of the country’s elections,” the OSG said.

The Comelec said it is ready to defend its agreement with Rappler following the OSG’s move.

“We cannot do anything but face the music, answer the petition and defend the partnership that we signed with Rappler,” Comelec acting chairperson Socorro Inting said. “Whatever decision the court will render, we will abide by it.”

Inting said the agreement with Rappler was thoroughly reviewed by the Comelec Law Department.

In January 2018, the SEC revoked the certificate of incorporation of Rappler for allegedly violating constitutional restrictions on foreign ownership of mass media by allegedly selling control to foreigners.

The transaction in question was the sale of Philippine Depositary Receipts to foreign entity Omidyar Network Fund LLC. Rappler said PDRs are not evidence of ownership, but are mere investment instruments.

Rappler elevated the case to the Court of Appeals. The CA reportedly did not issue any resolution and remanded the case to the SEC, which maintained the revocation.

The OSG said Rappler is a foreign mass media entity whose operations are reportedly funded and controlled by foreign entities, including Omidyar Network Fund LLC. – Artemio Dumlao