complaint for cyber libel philippines

Not writs. 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. Cyber libel complaint vs Rappler sparks discussion. 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. If you have leads, email lian.buan@rappler.com or tweet @lianbuan. 7010, which would specify a one-year period. 3326 applied by prosecutors and the Manila court in the Rappler case, the SC used the RPC itself. Other Offenses. He is supposedly close to lawmakers and had contacts with the US embassy at the time. 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. (READ: Rappler libel complaint dangerous for media, bloggers – cyber lawyer). 161032, 16 September 2008.) Section 5. 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. of Dolphin Fire, which is a shareholder in Rappler Holdings Corporation, the parent company of Rappler Inc. 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. Instead of Act No. 4(c)(4) of R.A. 10175 (Cyberlibel) can result, not only in the filing of a criminal complaint, but also a civil complaint … 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? 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.”. 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.”. He does not sit on Rappler Inc's board. Freedom of Speech abnd Punishment for Cyber Libel. 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. The SC, in this resolution, did not mention if it was treating cyber libel as a different crime from ordinary libel. 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. May ruling na Supreme Court sa prescription period on cyber libel. 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. But the First Division affirmed the Quezon City RTC’s order. He noted that not even the state prosecutors or Judge Montesa used the Tolentino resolution to justify entertaining Keng’s complaint. 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. 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. Carlos T. So, G.R. 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. Rappler CEO Maria Ressa attended the meeting, in compliance with the NBI’s subpoena. 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. In the report, he was also identified as bearing the alias "Willy," using a surname also spelled as "Kheng.". The SC said that because the Cybercrime Prevention Act did not explicitly provide for the prescription period, it should be based on the penalty. 2018 pa you f***ing moron (Read it, there is precedent already. (4) Libel. By 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). 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 … 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. Having problems seeing the article? The complaint was filed under a controversial cyber libel law that was enacted in September 2012 -- months after the article was published. A violation of R.A. 10175, particularly Sec. continuing to use this site means you agree to our use of cookies. Manila Regional Trial Court (RTC) Branch 46 Judge Rainelda Estacio-Montesa upheld the prosecution’s position. It is Bitanga’s son James who sits on the board of Rappler Inc. The cyber libel complaint stems from an investigative report written by Rappler's former researcher-writer Reynaldo Santos Jr and published in May 2012. It contained malicious imputations of crimes, with bad intentions, purposely to malign, dishonor and discredit my character and good reputation,” the complaint said. “Basahin niyo may precedent na. The maximum penalty for cyberlibel is prision mayor in its minimum period (or eight years’ imprisonment). The Supreme Court already has a ruling on the prescription period on cyber libel. 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 … 10175, or the Cybercrime Prevention Act of 2012, Divina said in his complaint … 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 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." The private complainant can just allege that he accessed the … Does it matter then that the SC’s pronouncement of a 15-year prescription period was made in an unsigned resolution? Pua claimed to have found out about the posts only in April 2017, or two years after the posts were made. Not orders. No. Maria Ressa, the founder of award-winning news site Rappler, was charged with her second cyber libel case at the Makati Regional Trial Court, … They were released on bail pending appeal. Basic Philippine law on libel - Cebu Citizens-Press Council View this article in your Eduarte said it is unlikely they will apply for a search warrant, because Rappler is not contesting that it posted the article. However, the copy of the complaint provided to Rappler is dated December 19, 2017. 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. — 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. 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. phone’s browser. He complained that Rappler did not publish his side or take down the article. 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. There is another way to break the impasse – through Congress. to the late former chief justice Renato Corona, raising questions on ethics and propriety. 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. But the SC used a different basis. 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). 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. 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 following acts shall also constitute an offense: No. 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. 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. (READ: What's the right to be forgotten? (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. Act No. 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 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. Photo by KJ Rosales, The Philippine STAR As early as 2018, you f***ing moron),” Cañete said. “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. 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. Cyber libel complaint vs Rappler sparks discussion). The SC’s resolution allowed the case against Tolentino to proceed to trial. Ressa, along with Reynaldo Santos who wrote the … This is called an “afflictive” penalty under Article 25 of the RPC. 3326 to extend the prescription period to 12 years. Maria, host of One PH public affairs show Relasyon, agreed with Rodriguez’s opinion. 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. MANILA, Philippines (3rd UPDATE) – Rappler CEO Maria Ressa was arrested early Wednesday evening, February 13, in relation to a cyber libel charge. But he is an incorporator of Dolphin Fire, which is a shareholder in Rappler Holdings Corporation, the parent company of Rappler Inc. The trial court found that it was not enough that Tolentino used offensive language against Pua. Campanilla, on the other hand, declined to discuss the Tolentino resolution directly in the context of Rappler’s case. Wilfredo Keng's complaint vs Rappler by Lian Nami Buan on Scribd – Rappler.com. Download Document in Microsoft Word Format “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.’ ”. People of the Philippines and Atty. Tolentino’s appeal eventually reached the SC, where he argued that the prescription period was only one year. In the case of SUSANA B. CABAHUG vs. PEOPLE OF THE PHILIPPINES, SANDIGANBAYAN, 3 rd Division, and OFFICE OF THE SPECIAL PROSECUTOR, G.R. Prosecutors applied this for cyber libel, which is punishable by prision correccional in its maximum period to prision mayor in its minimum period. 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. 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. Keng filed the complaint before the National Bureau of Investigation in October 2017, several years after the publication and correction of the article. Even if the Tolentino resolution was considered a binding precedent, Sta. (Note: Philippine laws do not recognize group libel). Owner of Misibis Bay Resort, Zaldy Co, has filed cyber libel charges against self-confessed “Bikoy” Peter Joemel Advincula, Facebook PH, and YouTube. Prepared in 2002, it described Keng as a "naturalized Filipino citizen" whose exact birthdate is unknown. 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.”. (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.). Lian Buan covers justice and corruption for Rappler. 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. “Like ‘Bikoy’, Facebook and YouTube must be held accountable. 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. But unlike Ressa and Santos, Tolentino ended up being acquitted in a Sept. 27, 2019 decision, according to defense lawyer Berteni Causing. Like ‘ Bikoy ’, Facebook and YouTube must be held accountable justice Renato Corona, raising on! Basic Philippine law on libel - Cebu Citizens-Press Council the recently enacted Cybercrime Prevention Act 2012! Resolution, did not mention if it was treating cyber libel, which is a in... Division received the complaint provided to Rappler only during the meeting was cordial and! Of cookies, Manila complaint dangerous for media, bloggers – cyber lawyer ) a phone with... Whose exact birthdate is unknown unlikely they complaint for cyber libel philippines apply for a search warrant, because Rappler is December... Keng supposedly lending his SUV to the death of Manila Councilor Chika Go 2002. 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